Victoria police officer won't be charged after kicking a suspect on video

The criminal justice branch said that this video captured less than a minute of an incident that lasted anywhere from five to 20 minutes.

A Victoria police officer will not be charged in connection with kicking a man who was on the ground and who appeared on a video not to be resisting arrest.

Today (February 11), the criminal justice branch issued a statement saying that the actions of the officer last March "involved a legally permissable use of force to facilitate handcuffing of the suspect".

"The visual images on the video showing the application of force are emotionally disturbing, however in all the circumstances of the incident there is enough evidence that the officer was using force lawfully in order to gain control in an unstable and unsafe situation."

The branch stated that three Victoria police officers and two reserve members noticed a "multi-person fight underway" on March 21, 2010 shorly after midnight outside a Johnston Street bar.

A man was on the ground, apparently unconscious, and was being kicked, according to the branch.

"To bring the situation under control two officers ran into the crowd, which consisted of seven to ten fighters and approximately thirty to forty onlookers standing in the immediate vicinity," the branch stated. "One of these officers deployed a pepper spray, some of which inadvertently struck the second officer in the left eye. The pepper spray caused the person kicking or stomping to stop his attack on the unconscious male."

Six men were taken into custody, including two who were kicked by an officer.

The statement mentioned that the Supreme Court of Canada has ruled that while police must at times resort to force to complete an arrest, the allowable degree is limited by the principles of proportionality, necessity, and reasonableness.

"The courts will not hold police to a standard of perfection, and the police are not required to measure with nicety the force they use," the branch noted. "What is reasonable, proportionate, and necessary is a use of force which is not gratuitous. A justified use of force is one delivered in a measured fashion. It is a use of force taken neither from revenge, anger or malice but one characterized as an application of the situational force designed to dissolve a potential risk to the officer's personal safety or achieve some other legitimate purpose."

The branch maintained that the officers were outnumbered and one was debilitated to a certain extent by being pepper-sprayed.

"While many witnesses viewed the officer's conduct as heavy handed, many also confirmed that the two individuals who were kicked were resisting police efforts to handcuff them," the branch claimed.

It also stated that the available video evidence only captures 57 seconds of an event that lasted anywhere from five to 20 minutes, according to witnesses.

Comments

15 Comments

cityzen

Feb 11, 2011 at 2:41pm

I'm sorry, whaaat?? The criminal justice branch needs to be kicked...out. Better no police at all than police like this.

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bc citizen

Feb 11, 2011 at 3:48pm

Once again it is all about one set of laws for us and another set for them.

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Jamie Graham

Feb 11, 2011 at 4:36pm

The message?

This is what the Victoria Police consider normal.

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Straight-fan

Feb 11, 2011 at 8:55pm

That is the most vile thing i have ever watched.. i guess they don't know that kicks like that to the kidney can actually kill? One hit (and that puke cop did it more than once) can rupture the kidney and cause death from bleeding out within 10 minutes;..keep in mind they also wear steel toed boots.
I can not understand how anyone could consider that behavior as justifiable..
Sick - Sick - Sick

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rpratt

Feb 11, 2011 at 9:05pm

OK, I know their job is tough, and we don't always see the 'whole' situation. But when you're caught on camera, kicking a guy when he's down, then you need to 'man-up' and face the consequences. This just makes all the police look bad, and we know that is unfair. But geez guys... if you want respect, then admit you've done wrong, and hold the hothead to task. I know that when all the VICPD saw that video, there was a collective "Ah shit... why did he have to do that?". You thought it. We thought it. Maybe you have to sacrifice one now and then?

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NDB

Feb 12, 2011 at 8:40am

This is what you get when police agencies investigate each other. I rub your back if you rub mine. Lord knows the VDP have their fare share of atrocities caught on tape, and when its Victoria's turn to investigate the VDP for the same thing....guess what the outcome will be?

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Cathy p

Feb 12, 2011 at 11:14am

My son and his girlfriend were stopped by 2 officers in Victoria and the treatment they got from these Cops was unbelievable.
My son asked the Officer if there was a problem and the cop yelled at my son to shut up or he would bash his face in!
They were both handcuffed and left on the street curve for a 1/2 hour while the police tore their car apart only to find the tools he uses for his work.
My son was trying to calm the cop down as he was right out of control. They thought he must of been on something to have that much adrenalin running through him, something was definitely wrong with him. They were frightened and tried to be the calm one's in this situation as they were unsure of what this cop would do if they happened to say the wrong thing. It's pretty hard to defend yourself if your in handcuffs.

My advice is the next time a Cop tries to pull you over keep driving till you can get to a public place where there can be witnesses. Never be alone with them, EVER.

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kenny jean

Feb 12, 2011 at 1:10pm

Yes more of the usual police state bullshit. And we think we live in a demoracy. Think again Canada

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scott whynott

Feb 12, 2011 at 3:37pm

Welcome to Canada, America's 54th and greatest state. No wonder everyone hates cops. If I were a cop I would teach this retard to stop embarrasing the rest of you cops. and tell him to take it out on his kids and wife like he is doing now.

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glen p robbins

Feb 12, 2011 at 9:57pm

New Taxes to be brought in - clean up streets. Citizens pay a Loonie to Kick a Bum for a Buck - News media to sponsor.

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