An unnamed RCMP officer is facing assault charges following an Alberta Serious Incident Response Team (ASIRT) investigation into a 2020 incident in Maskwacîs.
Details of the incident were described in an executive director's report which was released April 16. The report concludes an investigation that has been underway since March 24, 2021.
"ASIRT’s investigation was comprehensive and thorough, conducted using current investigative protocols, and in accordance with the principles of major case management," wrote ASIRT executive director Michael Ewenson. "Relevant police and civilian witnesses were interviewed. Importantly video evidence from police in-car video recording systems was obtained. All of this provided enough information to allow a decision to be made on how this event should be addressed."
On Nov. 14, 2020, police received a call about several males vandalizing a residence, shooting off firearms and then fleeing in a vehicle. A group of four officers located the vehicle, which sped off and police pursued them. Following a lengthy police chase, the suspect vehicle drove through a field and became stuck in the snow.
Dash camera footage recorded the driver of the suspect vehicle exited the vehicle with his hands up and laid prone on the ground. The report says the unnamed officer "applied force" to the surrendered individual. A second officer approached the driver side issuing orders to the other men in the suspect vehicle, three of which were in the back seat of the vehicle. The rear passenger door was locked, and the second officer smashed the glass with the butt of his carbine rifle and opened the door. Two more men exited the vehicle and surrendered, laying prone on the ground next to the first suspect, to whom the unnamed officer was still "applying force" before he moved on to one of the passengers. The second officer appeared to stomp on the driver's leg "at least twice" and appeared to hit him in the leg with his rifle.
Once the suspects were handcuffed, the report says the unnamed officer "dealt with one of the passengers" and applied more force. ASIRT had concluded several incidents of assault had been committed by both officers be charged with and passed the file to Alberta Crown Prosecution Service (ACPS) for an opinion.
Reviewing the file, ACPS recommended charges against the first unnamed officer but not the second.
"It is important to note that ASIRT and ACPS are bound by different standards when assessing the viability of charges arising out of an investigation," wrote Ewenson. "ASIRT, as the investigative body, applies a Criminal Code standard that determines whether reasonable grounds exist to believe that an offence has been committed.
"ACPS, based on its internal policy regarding criminal prosecutions applies a standard which examines whether there is a reasonable likelihood of conviction arising out of the evidence, and whether it is in the public interest to proceed with a prosecution. As is evident in this case, the application of these two different standards to the same investigation will, in some cases, result in different conclusions regarding the same file.
"Based on the ACPS opinion that charges are not recommended, there will be no charges laid against (the second officer.) This said, while no criminal charges will be laid against (the second officer), the RCMP may still very well determine that his actions are nonetheless deserving of disciplinary sanction under the relevant provisions of the RCMP Act. That decision rests solely with the RCMP."
