Edmonton police officer fined $2,000 for 2019 assault on Indigenous man

A provincial courtroom judge has fined an Edmonton police officer $2,000 for an assault on an “unsuspecting and unresisting” Indigenous guy right through an August 2019 arrest captured on video.

Edmonton Police Carrier (EPS) Const. Michael Partington used to be convicted of assault in advance this year for what Pass Judgement On Peter Ayotte defined as an “pointless and gratuitous” attack on Elliot McLeod.

Witness video of the attack displays McLeod mendacity face down on the flooring whilst Const. Curtis McCargar holds his palms in the back of his again.

Partington strides up and, abruptly, abruptly drops, driving his knee between McLeod’s shoulder blades.

In sentencing Partington on Thursday, Ayotte mentioned whilst the attack on McLeod thankfully didn’t result in physically hurt, “it led to instant, significant ache to the victim.

“Additionally, the power used to be implemented by surprise to a completely unsuspecting and unresisting person who was face down on the floor and, for all intents and functions, beneath the control of another police officer,” Ayotte stated.

Throughout sentencing arguments in October, Crown prosecutor Carla MacPhail pushed for Partington to receive 60 to 90 days in jail followed via probation, stressing the will for a sentence that would deter other officers.

WATCH | Video of the arrest:

Edmonton police officer fined $2,000 for 2019 assault on Indigenous man

Crown investigating Edmonton Police Service arrest video

1 12 months ago

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A video circulating on social media displays an Edmonton police officer dropping his knee into the again of a person mendacity at the flooring in August 2019. 1:FORTY ONE

Partington’s attorney, Mike Danyluik, really helpful a conditional discharge with 12 to 18 months of probation, and A HUNDRED AND TWENTY to 180 hours of neighborhood service, or a suspended sentence. He characterised the assault as a “one-2d impulsive act.”

Ayotte dismissed Danyluik’s description, pronouncing he has watched the video a large number of instances and “the phrase that describes what I saw isn’t ‘impulsive,’ however ‘deliberate.'”

Ayotte stated McLeod’s victim impact remark, during which he defined his fear of authority figures, was extra directed at McCargar than Partington, who the pass judgement on concluded played a “secondary” role.

Partington has six months to pay the $2,000 superb but can receive more time if wanted, provided he’s making payments. there’ll even be a $SIX HUNDRED victim surcharge.

Ayotte had prior to now rejected the entire narrative created by way of Partington and McCargar to justify the attack, discovering the testimony of each officials unreliable, self-serving, and sometimes containing outright lies.

Prosecutors charged Partington with assault in June 2020, every week and a part after an individual citizen published the video on social media. The video additionally presentations McCargar punching a handcuffed McLeod in the again of the pinnacle earlier than he is placed in a cruiser.

Video withheld

The EPS won the video of the attack on Aug. 28, 2019, the day after the arrest.

However as CBC Information revealed, despite the fact that EPS’s Professional Requirements Branch in an instant introduced an research, the drive didn’t expose the video to Crown prosecutors for an additional 4 months.

When Edmonton police finally disclosed the video in overdue December 2019 — weeks ahead of McLeod’s trial, and after he had turned down a plea deal — prosecutors stayed four prison fees against him, including resisting arrest and assaulting a police officer.

Felony professionals said police must have disclosed the video to the Crown and McLeod’s defence lawyer as quickly as imaginable. One former prosecutor stated the failure violated the legislation and undermined McLeod’s prison rights.

Crown seeks jail time, probation for Edmonton police officer who assaulted Indigenous man

Video

Edmonton police officer found to blame in knee-drop attack on Indigenous man captured on video

An EPS spokesperson mentioned the professional Standards Branch “was not able to find/make touch with all of the witnesses” until overdue December 2019.

Edmonton police prior to now mentioned that when Partington is sentenced and a complaint investigation is resolved, they would begin some other internal investigation into McCargar’s behaviour through the arrest.

McLeod is suing Partington, McCargar, and EPS for $250,000.

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