Three Calgary Officers Charged with Using Excessive Force

Three Calgary police officers were charged with assault Wednesday after motorists in two separate incidents accused them of using excessive force.

In the first case, which dates back to December 2008, a pair of officers were charged with assault following a physical altercation with a 50-year-old man they pulled over.

The second incident involved a single officer who used a Taser during a struggle with a 73-year-old man pulled over for a traffic violation.

Police said they have interviewed independent witnesses who saw the second encounter in April 2009.

While police and the association that represents the rank-and-file stressed they will let the courts decide whether the actions were justified, officials on both sides said they don't believe the officers deliberately crossed the line.

"Our officers are called upon to make split-second decisions," said deputy Chief Al Redford.

"I am totally confident none of these three officers reported for duty . . . with the intention of committing a criminal offence; they reported for duty with the intention of enforcing the law."

President of the Calgary Police Association, John Dooks, echoed Redford's sentiment, and added the officers in both cases were reacting to a perceived threat from the motorists.

In the 2008 incident, the two officers were responding to a call about a motorist behaving erratically in the area around 17th Avenue S.E. in Forest Lawn, Dooks said.

The man didn't pull over when the officers first activated the lights and sirens on their marked cruiser, Dooks said.

When the 50-year-old motorist did pull over, he didn't comply with instructions and reached for one of the officers while still behind the wheel of his vehicle, said Dooks.

"That is a grave risk," he said, adding an officer had been dragged by a motorist the night before.

There was a struggle between the man and the officers, resulting in the motorist filing a formal complaint with police.

The incident happened at 2:15 a.m. and there were no independent witnesses, but an independent Crown prosecutor recommended charging the officers after reviewing the findings of an investigation by the Calgary police professional standards section.

The two officers, who each have four years' experience, have been charged with assault and are on administrative duties pending the outcome of the court case.

In the second case, a six-year member of the force patrolling in a marked cruiser pulled over a 73-year-old man for a traffic violation in the northeast Calgary on the afternoon of April 17, 2009.

"During his dealings with the officer, the motorist was non-compliant with the officer's demands and instructions," Dooks said.

The two became involved in a physical confrontation -- though neither police nor the association said what sparked it -- and the officer had to defend himself, said Dooks.

"The officer was losing the struggle and as a result, resorted to the Taser to subdue the individual," he said.

The officer involved in the Taser incident has been charged with assault with a weapon and assault causing bodily harm. He is also on administrative duties until the allegations are dealt with. The driver of the car was charged with a traffic violation.

The courts will render a verdict on whether the officers should have reacted the way they did, but Dooks said both confrontations could have been avoided if the motorists simply followed instructions.

"I would not, in either case, try to paint these motorists as sinister individuals."

But traffic stops are high-risk situations for officers because motorists can easily conceal weapons or use their vehicles to injure officers, making immediate compliance especially vital, said Dooks.

"Any time an officer approaches a vehicle, it's always the motorist or the offender who has the advantage. There are lots of grey areas for officers, and on safety issues, they'll err on the side of safety."

Police did not release the names of the officers who have been charged, citing a recently instituted policy against publicly identifying members who have been accused of an offence while carrying out their duties.

The intent, Redford said, is to prevent harassment against the officers and their families in cases where they may have simply been doing their jobs.

"We will give them the benefit of the doubt," he said.

Under the policy, police will release the names of the officers if they are convicted. As well, the policy does not protect the identity of officers accused of committing serious crimes while off-duty.