Three Windsor police officers — one of them the son of the chief of police — Tasered a man two years ago and beat him while he was in handcuffs, a complainant alleged Monday at the start of a Police Services Act hearing.
Constables David Tennent, Ken Price and Tony Smith each face one count of using excessive force and one count of discreditable conduct.
Tony Smith is the son of Chief Gary Smith. All three officers are members of the Windsor police tactical team, the Emergency Services Unit.
The complainant, Leke Vushaj, was born in Albania and testified through an interpreter.
“They grabbed me by the arms and put me in a chair and started beating me,” Vushaj testified. “They were punching me in the face. They were hitting me all over. They grabbed me by the hair and were punching me.”
The incident took place around 4:20 p.m. Feb. 13, 2007. Vushaj alleged that several masked police officers broke open the door to his apartment in the 1100 block of Lillian Avenue. He said the officers burst into his bedroom pointing guns and flashlights at him, ordering him to lay down.
Vushaj said he complied and was handcuffed, but the officers then brought him to the kitchen and repeatedly struck him with their fists, knees and feet. Vushaj said he was also tasered, lost consciousness, and was woken with water for the beating to continue.
He alleged that the beating went on for an hour or more. He said his face was covered in blood, and that officers wiped the blood off, but continued to strike him.
Under examination by defence lawyer Andrew Bradie, Vushaj said he was eventually brought to downtown police headquarters, then taken to hospital by ambulance. He said a doctor told him his nose was dislocated, and he was given pills for the pain. No X-rays were taken.
A member of the Windsor police drug unit testified that officers went to Vushaj’s residence because they had received information there were illegal drugs and a firearm there.
A 9-millimetre semi-automatic handgun was found between the mattresses in Vushaj’s bedroom. The drug unit officer also testified that a digital scale was found in the kitchen.
Vushaj has a pending court date on a firearm possession charge.
While questioning Vushaj, Bradie suggested that Vushaj was simply trying to win himself a better deal by filing a complaint against police. Vushaj denied this.
Under examination, Vushaj maintained that he did not know who owned the gun, and questioned why he was being grilled on a firearm charge when the hearing revolved around officers’ conduct.
Bradie also noted that Vushaj did not file the complaint until the case had reached the disclosure stage in court — 31⁄2 months after the alleged beating took place.
Vushaj said he felt the need to complain after reading “things that were untrue” in the disclosure documents. But he also testified that he would’ve made the complaint anyway.
The adjudicator, Toronto Police Services Supt. Jane Wilcox, heard through testimony that Vushaj had two other run-ins with Windsor police after the raid, including an incident on July 7, 2007, when he was arrested in front of a downtown nightclub.
Vushaj had been drinking alcohol — a breach of his bail conditions. Vushaj said the arresting officer was Smith. Vushaj alleged that Smith smiled at him and asked him if he recognized him.
Through further questioning by Bradie, the hearing was told that Vushaj has previously pleaded guilty to a drug charge. Vushaj refused to elaborate on the nature of the drug charge.
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