Crime & Punishment

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Posts Tagged ‘RCMP

RCMP officer charged with manslaughter for doing his job

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Two days ago the Criminal Justice Branch released  information saying that as a result of an investigation by the Independent Investigations Office into a police involved shooting that occurred “during an attempted traffic stop on January 29, 2015,” RCMP Constable Jason Tait of the West Kootenay Traffic Unit was now charged with manslaughter.

There was precious little other information. All the media reporting I could find on the original incident at the time yielded little more.

An attempted traffic stop? There’s got to be much more to the story. So, I started poking around to try and find out what happened.

It turns out the man who was shot, Waylon Edey, 39, who lived in Yahk, BC had been drinking in a Nelson bar and was so drunk he was cut off by the bar staff. They told him not to drive or they would call the police. He told them to “Go f**k themselves.” He got in his pick up truck and bar staff called 9-1-1.

The next call comes from staff at a drive-thru restaurant who report Edey is drunk and has open liquor in his vehicle, a 5,000 lb. Ford F-150 and is heading toward Castlegar.

Tait was off shift and had just arrived home. He’d heard the call but didn’t think too much about it until his supervisor called him and requested he assist looking for the reported drunk driver.

Now, it should be noted that Tait was a member of “Alexa’s Team” a select group of 335 police officers, who “have made an extraordinary contribution in reducing the number of alcohol and drug affected drivers.” The team was formed by the parents of Alexa Middelaer who was killed at the age of four by a drunk driver in Delta, BC.. All of the officers involved took it very personally and did all they could to prevent another Alexa tragedy.

Tait didn’t hesitate when he got the call. He jumped back in his police SUV and drove out of town looking for the pick up truck. He spotted it near Ootschinia, just outside Castlegar on Hwy #3. He turned and activated his emergency equipment. Moments later the suspect vehicle, driving at about 90 KMH entered the Kinnaird Bridge at the entrance to town.

On the other side of the bridge were strip malls, restaurants and typically, at 8 o’clock in the evening, a lot of pedestrian traffic.

Tait felt he had to stop the impaired driver before he reached that foot traffic lest another tragedy happen.

I should also add that Edey has a history of drunk driving. At the time of the incident he was on probation and his license was suspended. He was also facing charges from another earlier incident from Cranbrook when he tried to run an RCMP road check stop and two members had to dive out of the way to avoid getting hit by him. He was listed on police computers as a flight risk and dangerous to police.

Neither of those officers were spoken to by the IIO during their investigation.

Tait overtook the suspect vehicle on the left and spun his SUV in the so-called attempted traffic stop. He got out of his vehicle which had all the lights activated, drew his weapon and moved to the rear of the driver’s side. Edey showed no sign of slowing down. When he was about 15 feet from the police vehicle Tait fired several shots and started running laterally towards the side of the bridge thinking he might have to jump over, contemplating the 150 ft. drop to the river.

The pickup truck hit the police vehicle on the passenger side toward the rear and continued rolling forward. Tait ran after the vehicle and stabbed the rear tire to disable the vehicle and found Ebey slumped over the wheel.

As a trained paramedic and EMT, he got him out of the vehicle and began emergency first aid and called EHS. Ebey later died of a single bullet wound in hospital.

The IIO had the file for nearly two years and after submitting their report to Crown another 16 months ensued before a decision was made to charge Tait. The CJB attempted to justify the long delays in their press release saying: “The investigation and charge assessment process were protracted due, in part, to the complexities of the evidentiary issues in the case and the requirement for further investigation and analysis.”

Well, nonsense.

There was only one gun and it was not a mystery that required ballistics testing. The only testing needed was a tox screen to determine the BAC (Blood Alcohol Content) of Ebey. Something that should only take a week or two.

I am told they sought and received a report from an RCMP Use of Force expert who gave the shooting a clean bill of health. The IIO then sought a second opinion from a Calgary Police Service UOF expert who said there were issues with the level of force used.

I spoke with a retired Vancouver Department UOF expert who told me that based on the circumstances he didn’t see an issue. He also cast some doubt on the quality of the CPS expert used by the IIO.

Tait had a duty to stop Edey, a known drunk driver with a history of violence toward police as evidenced by the Cranbrook charges, before he got to the edge of town where the pedestrian traffic was at risk. The public expect their police will do all they can to protect them. Police are duty bound to take acceptable risks in their job. That is what Tait did. He should have a medal pinned on his chest not be before the criminal bar.

Tait was off for a month after the incident. He went through the usual protocols and was given a clean bill of health and following the RCMP review of the shooting, he was returned to active duty. He remained there for 29 months until Crown started making noises that he was going to be charged. An NCO in the RCMP I spoke to thinks this good, young, productive officer may never return to duty given all this.

Tait has spent his whole adult life in the service of this country. Prior to joining the RCMP in 2007, he was in the army and was deployed to Bosnia and then saw action in Afghanistan.

He did his job and this is the thanks he gets. The more I learn of this case, the angrier I get.

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Leo Knight

@primetimecrime

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Written by Leo Knight

April 6, 2018 at 12:25 am

IIO investigative delay “unacceptable”

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Yesterday the IIO’s Chief Civilian Director (CCD) Ron MacDonald released his conclusions into the circumstance of a police involved fatal shooting near Slocan, BC on October 13, 2014.

Yes you read that right, 2014.

The Commanding Officer of the RCMP in BC, Deputy Commissioner Brenda Butterworth-Carr promptly released a statement decrying the long delay.

“The protracted nature of this review is unacceptable,” she said.

The incident involved a manhunt in the mountains of the back country near Slocan, the town itself in lockdown for nearly five days. Think of it as a mini-Boston in the hours after the marathon bombings. Where this started was the police attending a rural location to investigate a dispute/possible assault call. They were met with an armed man who exchanged shots with police and fled into the back country.

She continued, “This was a dynamic and dramatic series of events that has forever changed the police officers involved, a community and a family which lost a loved one. The techniques used and the resulting time delays in determining the circumstances compounded the trauma and severely limited the ability of many to move forward. The police officers were consistent in their participation in the IIO BC investigation and remained professional throughout the lengthy process. However, the delays have contributed unnecessarily to a state of extended uncertainty and stress that could have been avoided.”

In his final report on the case, MacDonald, the newly appointed CCD  said this: “This investigation has taken an unfortunate length of time. This resulted from operational pressures within the IIO, the complexity of the evidence, and the necessity of seeking and awaiting several expert reports. Overall the process took much longer than anticipated. Throughout, the emphasis was placed on attempting to uncover all relevant and reliable evidence before reaching a conclusion. In addition, this case required continual diligence to avoid a premature conclusion based on incomplete evidence.”

He goes on, “While it is unfortunate that the delays experienced during the course this matter left Officers 1 and 2 (the ERT officers) and the family of AP (Affected Person) in a state of uncertainty for over three years, at the end of the day I consider that the final result herein is the correct one.”

The main part of the problem, in reading the report, was an error made by the primary pathologist who conducted the autopsy. He mistakenly identified an exit wound in the back as an entry wound and the entry wound in the neck as an exit wound. This did not corroborate what the RCMP members said happened.

In a nutshell, that would have suggested the suspect had his back turned to the ERT officer who fired the fatal and only shot. Yet the reverse totally corroborated their version of events.

The family had their own pathologist review the case and he came to a different conclusion which wound as entry and which was exit but initially the family would not share the report with the IIO.

That prompted a review by another pathologist hired by the IIO.  Evidently, he concluded that in entry wounds there exists a micro-tearing of the skin which is the actual entry wound and this tearing was present in the neck wound which made that the entry wound and corroborated the statement made by the ERT officer to the IIO.

The other problem is the first pathologist said the wounds were caused by a “small calibre bullet with a low velocity.” Well, except the RCMP ERT use a Colt M-16 which fires a larger calibre 5.56X45 mm NATO bullet at a rate of approximately 3,000 feet per second, hardly a “low velocity.”

To be fair, a pathologist in that part of the world likely doesn’t see a lot of GSWs. (Gunshot wounds) Which also begs the question, given the dichotomy on their hands, why wouldn’t they seek a review by a more experienced pathologist who sees lots of GSWs?

To their credit, the IIO recognized the problem and sought the review of another pathologist. Not to their credit they waited from October 2014 until August 2017 before they did this. Why is anyone’s guess.

In the interim they also hired a biomechanical engineer to try and determine the position of the suspect when shot. In my opinion, this not only overly complicated things but contributed much to the delay of the investigation.

At the end of it all, they new CCD came to the right conclusion and issued his report clearing the ERT officer who fired the fatal shot. But the delay, as Butterworth-Carr said, is unacceptable.

MacDonald seems to recognize this and since he started he has concluded 16 investigations hanging around from 2015, 2016 and 2017. He has also referred two files to the Criminal Justice Branch to determine if any criminal charges are applicable.

That’s very promising and diametrically opposed to what we have come to expect from the IIO.

When I asked the IIO for comment on all of this, Marten Youssef, the Director of Public Engagement said, “The CCD chose to let his decision speak for its self and therefore didn’t issue a separate statement. As CO Butterworth-Carr said, her and the CCD have been in contact in the past on this matter and he shares her view on the length of this investigation. This was also expressed in the decision.”

When asked about the sea change in concluding files, Youssef said this, “As for the change at the IIO, there is no doubt it is being spearheaded by Ron and his leadership. That said, the CCD is a firm believer that the change is a result of the collective effort and hard work by staff. He has also stated that he is devoting his focus to improving the future of the IIO as opposed to being defined by the past.”

That is encouraging.

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Leo Knight

@primetimecrime

Written by Leo Knight

March 30, 2018 at 10:31 pm

Political revenge or justice?

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Last week the RCMP announced a single charge of Breach of Trust by a public official against Vice Admiral Mark Norman, the former second in command of the Canadian Armed Forces (CAF). The investigation was conducted by the RCMP’s National Division, the section responsible,ostensibly, for “sensitive and international” investigations. This is the same section that conducted the investigation of Senator Mike Duffy in the Senate expense scandal. The problem is that it reeks of politics and seems to have little to do with justice.

Norman had in his portfolio oversight of the National Shipbuilding Procurement Strategy which was intended to be the replacement of the Protecteur class of naval supply ships. While the project had been underway for several years, a series of incidents led to the premature decommissioning of the HMCS Preserver and the HMCS Protecteur in 2014.

The government of Stephen Harper understood the problem of not having our own naval supply ships. There aren’t any gas stations in the middle of any ocean. That meant our navy was limited in how far our ships could travel. The navy scrambled and rented a supply ship from the Chilean navy for the Pacific, but that was a limited arrangement. They were in the process of negotiating with Spain for a supply ship for the Atlantic coast but that never came to fruition.

The Harper government changed contracting regulations that allowed them to do a sole-sourced contract when operational necessity merited. They then entered into an agreement with Davie Shipyards to convert a cargo ship, the MS Asterix, purchased by the shipyard, into a supply ship that would bridge the gap while Seaspan Shipyards in North Vancouver was building the replacement “Joint Support Ships.”

So far, so good. But the Harper government lost the election that year and the country was, yet again, blessed with a Liberal government. Those of us with memory of the last Liberal government recall the absolute cock-up they made of the Sea King helicopter replacement program. Their mismanagement, or should I say political corruption, cost the taxpayers $500 million in penalties for the cancellation of contracts put in place by the previous Conservative government of Brian Mulroney.

The Sea King replacement project began in 1983 and was well on the way until the Tories lost the 1993 election and the Liberal government of Jean Chrétien won. One of their first actions was to cancel the Sea King replacement contracts. To say that decision was simply political and blatantly stupid would be an understatement. There are still Sea Kings in operational use by the Canadian navy. They were old when Mulroney launched the New Shipboard Aircraft Project in 1985 for God’s sake. Navy pilots describe the Sea Kings as “10,000 nuts and bolts flying in loose formation.”

Not to be outdone, the government of Justin Trudeau, as one of their first acts decided to cancel the contract with Davie Shipbuilding after receiving communications from Irving Shipbuilding on the east coast requesting the cancellation of the contract and opening it up to bids from other shipyards. Naturally, the Irvings through their group of companies are huge donors to the Liberals historically. So Trudeau and the Liberals, as is their wont, decided in Cabinet to do exactly that. In their world the good of the country falls behind what is good for the Liberals.

Needless to say, Norman, was frustrated by that. He is alleged to have engaged in a series of communications with Davie Shipyards about the problem. The information was somehow leaked to the media and the ensuing uproar caused Trudeau to retreat on the decision.

The project went ahead and as we speak, the HMCS Asterix is undergoing sea trials. All’s well that ends well one might think. But no, Trudeau called in the RCMP and Norman was suspended by the Chief of Defence Staff Jonathan Vance pending investigation.

The RCMP raided Norman’s home as well as Davie Shipyards and a myriad of other places and organizations in Canada as well as the US resulting last week with the announcement of a breach of trust charge against Norman. Stunning.

Norman has an unimpeachable record of service to the nation. And let’s be realistic, to penalize  a man like that suggesting he leaked something, given that leaks are the capital of government, journalists and lobbyists, simply smacks of revenge.

Clearly Norman, by all accounts, frustrated by political interference, did whatever he did in the best interests of the country. It is also useful to note that Section 122 of the Criminal Code was designed to rout out corruption by public officials, typically for those who make decisions meant to benefit themselves or associates. There is no apparent evidence, at least in the public domain, of any such benefit sought by Norman in any of this. Now, maybe the RCMP unearthed something like that in their investigation, but of that, I am very sceptical.

Adding to all of this, Trudeau, not once but twice, in the past year, before the investigation was concluded and the charge laid, stated this matter would inevitably end up in court. How in the world would he know that? Well, there is certainly historical precedent of the PMO interfering in an RCMP investigation. Project Sidewinder during the Chrétien administration quickly leaps to mind.

No, this smacks of political revenge and crushing someone who defied the Liberals.

Norman is not a wealthy man after a career in the military. Some folks who served with him have set up a GoFundMe account to help with his legal bills trying to fight the might and deep pockets of the Crown.

This is outrageous.

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Leo Knight

@primetimecrime

Written by Leo Knight

March 14, 2018 at 6:13 pm

Justice delayed is justice denied

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There’s an old legal maxim which says “Justice delayed is justice denied.” The phrase has been attributed to William E. Gladstone who was Prime Minister of the UK for 12 years spread over four terms in the mid to late 19th century.

But the concept goes back to the Magna Carta of 1215, clause 40 which reads, “To no one will we sell, to no one will we refuse or delay, right or justice.”

Yesterday the Criminal Justice Branch (CJB) issued a media release saying there would be no charges against a member of the RCMP resulting from an in-custody death that resulted from an incident on February 14th, 2015. The man died in hospital on February 21st, 2015. I shook my head and read it again. Could it really have taken nearly three years to reach a conclusion in the case?

What could possibly be so complicated that it would take that long for a process to determine what happened?

The circumstances seem fairly straight forward.

Jacobus Jonker, 53, was arrested by Smithers RCMP resulting from a domestic dispute. His daughter called 9-1-1 saying her father was drunk, holding a knife and was “really aggressive.” She remained on the line with the dispatcher reporting that he had gone to his gun safe and taken out a shotgun, that he may be suicidal and was concerned he would shoot her.

When the responding officer arrived, later to be the so-called subject officer, Jonker was standing in the door. The officer called for him to walk towards him. He did with his hand in his coat pocket saying “shoot me.” While he was aggressive and non-compliant, the officer managed to take him into custody without using lethal force, using OC or pepper spray. Good job I say.

At the detachment, the next chapter in the arrest unfolded in the cells. Jonker became aggressive and attacked the officer’s supervisor who had joined him in cells to assist with the booking along with the jail guard. He tried to reach for the supervisor’s gun and then lunged at him physically. He was grabbed essentially in a headlock by the arresting officer and taken to the ground where a ground fight ensued while the supervisor tried to get handcuffs on the man and the guard tried to control his legs. Oh, and I should mention Jonker weighed 288 lbs. and neither officer topped 190.

He was a rugby player and coached the sport at the local high school. Suffice to say he was a physical challenge for the officers.

During the ground fight Jonker went limp, the officers flipped him over and observed he wasn’t breathing. They immediately began CPR and called EHS. Jonker was airlifted to Victoria where he died in hospital a week later.

Now, I should add that ground fighting is part of every police officer’s training. In the RCMP members are in the gym wearing judo gi’s. They sit back to back on the floor mat and on the instructor’s call, begin fighting, using any method, trick or tactic to get the other guy to tap out. There are no rules to ground fighting, save and except to get control. The object is to win, to survive. Cops don’t start fights, but their very life depends on their ability to finish them.

It’s tragic that Jonker died. It’s equally tragic this member had the Independent Investigations Office (IIO) investigation and possible criminal charges hanging over his head for as long as this. 34 months from the date of the incident to the day CJB finally issued a statement saying he would not be charged with manslaughter or criminal negligence causing death.

I should also add there was no mystery in any of this. There was a CCTV video system in operation in the detachment cell area and virtually all of the confrontation was captured and available for analysis.

Two police use of force experts were called in by the IIO, one with the RCMP but a different detachment and the other from the Calgary Police Service. Both said the use of force was appropriate and consistent with their training.

What could possibly take 34 months – nearly three years – to determine that this officer was simply doing his job? Jonker got “horribly drunk” as stated by his wife. He was aggressive and violent as indicated by his daughter in her 9-1-1 call and the fact the family had to flee the house. He was uncooperative and aggressive in the cells. He tried to take the supervisor’s gun and attacked that officer. He was pulled off of him by the subject officer and taken to the floor where to control the big man there was a ground fight the likes of which occurs in every jurisdiction in this country on a daily basis. I wish I could say it’s unusual, but it’s not.

In most of these incidents police are able to gain control of the suspect. But, sometimes bad things happen and occasionally people die as a result. But it is always the result of their own choices. The choice to use drugs, alcohol, use violence against the police, being fat are the usual contributing factors. That’s reality.

But there’s nothing complicated in any of this. What could possibly have taken 34 months for the IIO to submit a report to crown and crown to review to determine this officer did his job in accordance with the law and with his training?

Why keep the family of the deceased and the officer and his family hanging for so long? It is unprofessional and reeks of incompetence or worse, a fruitless effort to find something, anything, with which to charge a police officer.

This isn’t justice.

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Leo Knight
@primetimecrime

 

Written by Leo Knight

December 15, 2017 at 10:19 pm

Successful campaign, but bitter feeling lingers

with 8 comments

Two weeks ago we started a GoFundMe campaign for Cindy Millington to help her through a tough time while her husband, RCMP Cst. Kwesi Millington, was serving his 30 month sentence after being convicted in a trumped-up charge of perjury.

After running for a week, we had surpassed the target goal of $10,000 and moved the goal to $12,000. Well, that too got passed. I spoke with Cindy and she was overcome with gratitude. We decided to let the campaign run through the long weekend then close it with a big thank you to all of you who supported Cindy. We then started the withdrawal process.

I then left for a pre-planned week in the desert playing golf with some of my retired former VPD friends. When I arrived at our hotel, I received a message from the GoFundMe Community Management Team saying, “It has come to our attention that your campaign may not be compliant with our Terms & Conditions.” They then proceeded to tell me the campaign was suspended pending a response from me.

I promptly responded explaining the situation and said the money was being raised for Cindy to help with the household bills and mortgage payments while her husband was unable to earn money and her salary alone would not cover everything. In the interim, I began getting messages from folks who were trying to donate but the site had been taken down and they were asking why.

I subsequently got this reply from GoFundMe: “Unfortunately, it has come to our attention that your campaign is in violation of the following line from our terms: “the defense or support of anyone alleged to be involved in criminal activity.”

Criminal activity? I was stunned.

What followed was a back and forth to ensure Cindy would be able to collect the donated funds and I’m pleased to say that Cindy has now received an EFT in the amount of $14,136.24.

When Cindy told Kwesi of the campaign he was very moved. Cindy said, “I told him how you created the campaign and it’s been flooded with donations. When I told him we were at $10,000 he said, OMG, I’m gonna cry, that’s amazing.”

While alls well that ends well, I suppose. But I’m still miffed at GoFundMe for the account suspension citing “the defence or support of criminal activity.” This was anything but. Kwesi Millington got steam-rolled by a system looking for scapegoats for political purposes and an employer that stood mute and did not come to the defence of the YVR Four.

Clearly by using the phrase “It has come to our attention…” indicates they got a complaint. Who would complain over this type of campaign? I don’t know. Maybe an anti-police type?Perhaps someone who doesn’t like inter-racial couples? A seniour member of the RCMP who did not agree with my criticism of the Force in this? Who knows?

But, what I do know is the policing community and those who support police came together and supported Cindy and the campaign for the week it ran and I guarantee you not one of those who donated in any way, shape or form defend or support criminal activity. It’s a nonsensical position taken by GoFundMe but at least they allowed Cindy to collect the donated funds, less their commissions of course.

I will stay in touch with Cindy and try and update you on how Kwesi and Monty Robinson are doing as I get updates. Again, thank you to all who supported this campaign. Your generosity is truly humbling and appreciated.

Leo Knight

@primetimecrime

Written by Leo Knight

November 21, 2017 at 6:35 pm

The real price to be paid for a travesty of justice

with 13 comments

Earlier this week the Supreme Court of Canada dismissed the appeals of RCMP members Benjamin “Monty” Robinson and Kwesi Millington and both began serving their sentences, two years less a day and 30 months respectively after totally undeserved perjury convictions.

As I have said previously, this is a travesty of justice. The four RCMP officers who attended a disturbance call at YVR in October, 2007 which resulted in the death of Polish traveller Robert Dziekanski, were just doing their jobs and now are both in prison. I’m disgusted.

There’s a lot of blame to be thrown around here, but none of it is on these members. They were failed by the seniour leadership of the RCMP and failed badly when they would not say publicly that these four officers acted according to their training and RCMP policy.

They were failed by the Braidwood Commission of Inquiry into the death of Dziekanski when Mr. Justice Thomas Braidwood failed to take into account the forensic video analysis of Grant Fredericks which showed demonstrably that the four members were telling the truth and the baying media hounds hadn’t a clue. Yet he sided with the hounds.

They were failed by the gutless politicians who had their own agenda that had nothing to do with justice and the truth.

Of the four, two were acquitted at bar and two were convicted. The two white officers were acquitted. The First Nations member and the black member were both convicted and now jailed. I am not making a specific accusation here, I merely am making an observation of fact.

I spoke with Kwesi Millington’s wife, Cindy, a few days after her husband turned himself in to begin serving his sentence. She was, as you might imagine, very upset. They expect that he will be terminated by the RCMP given the circumstances and that means his paycheque stops. Equally, while jailed he won’t be able to earn at another occupation now that his policing career is over.

Her salary isn’t enough to keep up with the mortgage, bills and legal fees they must now incur to get a parole lawyer to steer that process forward to ensure Kwesi gets parole at the earliest opportunity. She said she’d likely have to sell Kwesi’s car while he was in prison while using up what savings they had.

Kwesi has been transferred into the federal prison system in Kingston, Ontario. He is in protective custody because of his occupation. That means he spends his time in a small cell by himself with just 30 minutes of exercise a day with guards as company.

His first facility there will be for 2-3 months while Corrections Canada bureaucrats assess his case to determine which facility he should be assigned to serve his time. In the interim he won’t be allowed to call Cindy for several weeks until he gets his assigned phone card.

If I told you the whole of this story and how these members have been utterly abandoned by the Royal Canadian Mounted Police and left dangling in the breeze you might dismiss it as improbable fiction. This is the national police force after all. They have an iconic reputation and all that. Surely they would do the right thing, after all, their motto is “Maintiens le droit” – Maintain the right. And surely, you would be wrong.

The once proud force has done exactly the wrong thing in this matter every step of the way and much of it deliberately knowing what would happen to their members. It’s beyond offensive.

For regular readers of this space, my many supporters, police officers, retired and former police officers or just those of you who who can’t stomach injustice, I have set up a GoFundMe account to help Cindy and Kwesi in this trying time.

If you can help, please do. Anything would be welcomed. Here’s the link: https://www.gofundme.com/cindy-kwesi-millington

For the record, Kwesi was a young officer. When he used the Taser that night, it was the first time he’d ever deployed the weapon. When he testified at the Braidwood Commission, it was the first time he had ever testified in any forum.

Robinson was a Corporal in the RCMP. He has a pension and his income won’t suffer during his incarceration. He will, but at least his family will be okay. The circumstances are much different for Cindy Millington. She didn’t sign up for any of this.

She loves her man and was proud of him for what he was doing for a living, knowing all of the potential bad things that can befall a cop. But not this.

Unfair doesn’t even begin to explain what has happened to these four men. Worse for the two who are currently in the prison system. Worse still, for those who love them.

Leo Knight

@primetimecrime

 

 

 

 

 

 

 

Written by Leo Knight

November 6, 2017 at 1:27 am

The final chapter in a travesty of justice

with 9 comments

The final chapter in an absolute travesty of justice played out yesterday at the Supreme Court of Canada. The appeals of RCMP officers Benjamin “Monty” Robinson and Kwesi Millington were dismissed without reasons and each must turn themselves in to begin serving their sentences in prison.

Both members were convicted of perjury resulting from testimony given at the so-called Braidwood Commission of Inquiry. Which, in itself, was a deeply flawed process.

The Commission, you’ll recall, was called by the provincial government following the death of Polish traveller Robert Dziekanski at YVR on October 14, 2007. The Commission issued it’s final report in June of 2010. It found, essentially, that the RCMP were not justified in using a Conducted Energy Weapon (CEW) or Taser as it is more colloquially known.

It also found that the four members who attended the disturbance call at YVR “misrepresented” their actions in their testimony to the Commission. In the report Mr. Justice Braidwood said, “I found all four officers’ claims that they wrestled Mr. Dziekanski to the ground were deliberate misrepresentations made for the purpose of justifying their actions.”

“I also disbelieved the four officers’ claims there was no discussion between or among them about the incident before being questioned by IHIT investigators, although I did not conclude that they colluded to fabricate a story.”

And out of this resulted in a Special Prosecutor being appointed and the four officers charged with perjury. Two were acquitted and Robinson and Millington were convicted in what can only be described as a travesty of justice. Yesterday, the SCC put an end to the appeals process and Robinson and Millington must begin to serve their sentences, two years less a day for Robinson and 30 months for Millington.

What it all came down to was whether they wrestled Dziekanski “to the ground” or they wrestled him “on the ground.”

To find that somehow they colluded to “get their story straight” is simply to ignore the evidence. In a nutshell, Robinson remained at YVR while the other three went to the Sub-Detachment to make their notes and await IHIT investigators. Robinson met with IHIT investigators at YVR and accompanied them to the Sub-Detachment where the interviews began. At no point were all four together and alone so that they could collude.

But that is not all the evidence Braidwood ignored.

Forensic Video Analyst Grant Fredericks did an analysis of the so-called Pritchard video, taken by a civilian witness which became critical to this whole mess.

Fredericks is an expert in his field. This from his report, “I am also a paid instructor of Forensic Video Analysis and Digital Multimedia Evidence Processing for the FBI National Academy in Quantico, VA. I have been teaching at the FBI Academy since 1999.”

He has given expert evidence at trials in the US, Canada and the UK more than 60 times. Let’s just say he knows of what he speaks.

In his report Fredericks details how the video, shot in the European format PAL is not conducive to viewing in its entirety using the North American format, NTSC. But he does analyze it frame by frame.

At issue at Braidwood was testimony from the members that Dziekanski moved towards the members while brandishing a stapler over his head.

Fredericks conducted a Forward Motion Analysis and concluded that Dziekanski moved three steps forward towards the officers. In essence, he measured the number of pixels in the frame that Dziekanski occupied in successive frames. They decreased meaning he was moving away from the camera and towards the officers corroborating what the officers testified to, yet Braidwood ignored this.

He also shows Dziekanski holding the stapler over his head at the 00:3:41:23 point.

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This also corroborates what the members testified to, yet Braidwood chose to ignore this evidence.

Fredericks also shows at 00:04:03:08 after Dziekanski was tasered, an object was noted on the floor beside Dziekanski “consistent with the size of a Taser probe.”

This is critical because it happened before Robinson calls for Millington to “hit him again” meaning release another charge with the Taser. Why is this critical? Because a Taser needs two probes touching the subject in order for the energy charge to have any effect. So, all the charges triggered by Millington had zero effect on Dziekanski. All of which was completely ignored by Braidwood and the baying media hounds trying to say the members “executed” or “murdered” Dziekanski.

Fredericks’ report shows that the Taser was deployed three times after the dart was dislodged. The report clearly demonstrates the struggle on the floor the members who were hands on had with the large man. Again, in the blur of the moment, does it really matter when they wrestled him to the floor or on the floor? From the time of the initial Taser deployment the members went hands on, Dziekanski went down and the struggle to get him handcuffed went on. Yet, ignoring this critical evidence is the reason Robinson and Millington are going to jail.

There’s so much more to this travesty, from the RCMP refusing to say publicly that the members acted appropriately, a fact admitted to me by then Commanding Officer Gary Bass after he retired. The absolute stupid decision by then O i/c of IHIT Wayne Rideout in not allowing Sgt. Pierre Lemaitre to correct the record after he realized the initial information he gave at the first media briefing following the incident was inaccurate. That decision alone resulted in everything that followed once the Pritchard video was released.

Lemaitre was haunted by his error on that first morning and not being allowed to correct the record. His credibility suffered because of it and he was transferred to the Integrated Road Safety Unit, a traffic section. Lemaitre committed suicide in 2013. Was this a contributing factor? I don’t know for sure, but I’d bet on it.

The RCMP were painted as liars and covering up when in fact there was no such thing.  This was simply stupid handling of the media by the RCMP and not for the first time I might add.

The full Fredericks report can be found on Prime Time Crime here.

Why an experienced jurist would ignore this evidence and conclude as he did is beyond me. Since the perjury charges, convictions and the formation of the Independent Investigations Office resulted, this was critical.  One might think that the only way an experienced jurist would ignore exculpatory evidence is because the whole thing was a charade orchestrated by the government to get to a pre-determined conclusion.

Now, I don’t know that to be true, but it’s hard to come to any other conclusion when I look at all of this.

I got a message from Robinson following the SCC dismissal saying he’d be “off the grid for the next 8 months” I admire his attitude. I don’t think I’d be so stoic given that those four Mounties were just doing their job yet were buried by the system and now two are going to jail.

It’s a travesty.

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Leo Knight

@primetimecrime

Written by Leo Knight

October 31, 2017 at 6:31 pm