A public inquiry is currently under way in Canada in yet another case of extreme criminal violence by police who now think of themselves as operating in an environment of criminal impunity because the corrupt judicial and executive branches of government refuse to hold them criminally accountable.
The citizens selected to sit on these inquiries must make recommendations that criminal charges be filed against police officers in such obvious cases of police brutality, or we will face a continuation of these kinds of atrocities; others will fall prey to police brutality, and the taxpayer will continue to be victimized by the unrestrained violent criminal impulses of corrupt police officers.
A police officer can use force when he has “reasonable and probably grounds” to believe that the applied measure of force is warranted; not when he merely “feels” chooses to believe, or claims to believe that such force is warranted, as the utterly corrupt mainstream media would have us believe.
Such feelings usually originate in the officers ass, travelling up the spine, bypassing the brain, and then transferring to his scrotum, where they frequently cause fits of fits of rage that transform into instances of extreme police brutality, such as in this case. No police officer can be trusted with unrestrained powers exercised at his discretion. Any move in that direction is a violation of civil and constitutional rights.
Police use excessive force and other illegal tactics as a means of punishing the uncooperative, the rude, and the unpopular, which puts them on equal footing with the very criminal elements they are paid to control Then they lie and corroborate with each other to fabricate legitimacy around their actions, each protecting the others like a gang of criminals.
In other news, Willow Kinloch, who was recently awarded $60,000l.00 in her police brutality claim, has been informed that the police plan to appeal the jury’s decision in her case.
I have seen many cases where such decisions are mysteriously overturned on appeal in cases of precedent setting decisions that undermine the trend towards arbitrary and unrestrained police powers and that are therefore inconvenient to the government’s fanatical and insidious quest for unconstitutional powers that are contrary to our interests. How dare the police even presume that a decision made by a jury of our peers can be overturned? Yet, I would not be surprised if this is somehow the outcome.
Nothing is a greater threat to any society than it’s own government, and the continual pressures of the executive branch to obtain tyrannical executive powers in desecration of our civil rights and for the hijacking of our property. Nothing could be more contrary to the public’s interest than to allow this trend to continue and nothing short of properly charging police officers for their crimes will do.
Published: Monday, June 16, 2008
A public hearing is under way into a complaint against Victoria police. It alleges Thomas McKay was seriously injured in police cells on Apirl 23, 2004, when his hands were handcuffed behind his back and he was forcibly thrown to the jail's concrete floor.
McKay, who is in his 20s, was a student at Camosun College at the time of the incident and was celebrating the end of final exams with some friends when he was arrested by Victoria police.
Police Complaint Commissioner Dirk Ryneveld ordered the hearing after disagreeing with Victoria police about the findings of their internal investigation into an abuse of authority complaint filed against Const. Greg Smith.
On Dec. 7, 2006, Deputy Chief Bill Naughton, acting as the discipline authority for the department, found that no abuse of authority had occurred or excessive force used.
Ryneveld, however, thought more investigation was needed and that Victoria police should reconsider their decision.
In November 2007 Naughton told Ryneveld he stood by his original decision.
McKay, who still suffers from a head injury from that night, also filed a civil lawsuit.
According to the statement of claim, McKay was forcibly thrown onto the concrete floor of the cellblock area and suffered a serious permanent head injury. McKay was handcuffed with his hands behind his back and he was unable to protect himself.
The claim accuses Smith of aggravated assault, assault causing bodily harm, criminal negligence causing bodily harm, using unnecessary force and failing to take any reasonable steps to ensure McKay was not injured.
Although police use protective rubber mats to protect themselves during training sessions in the cell block area, there was no mat on the floor when McKay was injured, says the claim.
Louise Dickson, Times Colonist
Published: Thursday, June 19, 2008
Former Victoria police jail matron Lisa Wickstrom testified that she heard Const. Greg Smith let out a yell of distress before the officer took a handcuffed Camosun College student to the ground.
"Something upset the officer," said Wickstrom. "I remember him being upset."
The next thing Wickstrom heard was the crack of Thomas McKay's head on the concrete floor of the Victoria cellblock.
It all went so fast. Next thing I heard was a crack... As soon as I saw James (the jailer) walk to the phone, I knew very well he was calling 911. I knew I would need to get up and get first aid," Wickstrom told Commission Counsel John Waddell at a public hearing into an abuse of authority complaint against Smith.
Wickstrom said she had a feeling Smith was going to take down the prisoner - although she couldn't actually recall if it was something Smith said out loud.
"I know a prisoner that belligerent was going down so the jailer could finish the search," said Wickstrom, who on the video of the cellblock incident, is sitting at a desk looking at documents during the takedown.
Wickstrom also testified she remembered Smith saying he accidentally hurt the prisoner.
During cross-examination, Smith's counsel Reg Harris suggested Smith didn't utter a cry of distress but rather said "let go of my fingers."
"I can't recall," Wickstrom replied. "But it does ring a bell."
Harris also suggested Smith didn't say he hurt the prisoner, but said "this guy's hurt.
Again, Wickstrom agreed.
After McKay was taken to the ground, he was propped up on a bench while Wickstrom tried to administer first aid for what she thought was a broken nose. McKay was saying he drank too much, he was feeling sick and he was sorry, Wickstrom testified.
Although, she was trying to help, Wickstrom kept a bit of distance from McKay's blood because jail guard aren't paid very much and don't have any benefits, she told the hearing.
Wickstrom also remembered Const. Mike Niederlinski was the one who insisted McKay be taken to hospital.
"Well it was a loud crack," she remembers Niederlinski telling the paramedics. "Maybe you should take him."
The hearing continues this afternoon with testimony from McKay's friend Dean Amantea.
Louise Dickson, Times Colonist
Published: Thursday, June 19, 2008
Christopher Considine, the lawyer representing a Camosun College student injured in a Victoria police cellblock incident four years ago, has applied to have a public hearing into the incident adjourned to allow his client to adjust to new medication before he testifies.
Thomas McKay was to testify today at the hearing, ordered by B.C. Complaint Commissioner Dirk Ryneveld, into an abuse-of-authority complaint against Victoria police Const. Greg Smith. The cellblock incident, which took place on April 23, 2004, left McKay, then 23, with permanent brain damage.
It will take two to four weeks for McKay to adjust to the new medication, Considine said. One of the side effects he is experiencing is over-sedation.
McKay developed a number of psychiatric side effects from the brain injury. These include psychosis, cognitive function problems and concentration problems.
"It's unlikely he'll ever be able to work," Considine said.
Just before the incident, McKay's common-law wife gave birth to a son.
"They've been through a very, very difficult time," Considine said.
McKay's condition will be assessed at the beginning of August. If he is well enough, he will appear before the hearing, said Considine, who will also make submissions on McKay's behalf.
During morning testimony, a number of Victoria police officers -- including interim chief Bill Naughton and inspectors Les Sylvan and Darren Laur -- showed up to lend their support to Smith during testimony by use-of-force expert RCMP Cpl. Greg Gillis.
Also on hand was Daniell Adair, the sister of Willow Kinloch, who was awarded $60,000 in a civil suit against Victoria police after being tethered and leashed to a door for four hours.
Adair has been attending the hearing when she can to show her support for the McKay family. She learned yesterday that Victoria police are appealing the verdict.
Gillis told commission counsel John Waddell he was not surprised McKay suffered a serious head injury after being taken to the ground in a secure area of the Victoria police cellblock.
"A takedown like that on a concrete surface when a person's hands are restrained behind their back, it's not something that seems to be surprising or shocking that a head injury could occur," he said.
Smith's use of force in controlling McKay was appropriate until the takedown, when the handcuffed McKay fell unprotected to the concrete floor, Gillis said.
"I just couldn't support that use of force," Gillis said. "Taking someone down in that manner has a higher risk of injury."
Because the video of the takedown is on a shuttered frame, it's not clear whether Smith was able to control McKay on the way to the floor.
"It's possible he maintained control. It's also possible he lost control," Gillis told Smith's counsel Reg Harris.
Harris suggested McKay grabbed Smith's fingers immediately before the takedown. If Smith's fingers were grabbed, that behaviour could be described as assaultive, Gillis agreed. It would then be reasonable to take McKay to the ground, if the fall was controlled, he said.
On Tuesday, Staff. Sgt. Chris Butler, another expert, testified that he thought Smith used appropriate force.
Const. Mike Niederlinski, who was working with Smith that night, told the hearing McKay cocked his fist and tried to strike him. However, the officer's notes from that night make no reference to that behaviour.
Niederlinski testified that McKay, unlike his two friends, was swearing and shrieking and was unco-operative when he asked for his identification.
Niederlinski arrested McKay for causing a disturbance, being intoxicated in a public place and obstructing a police officer.
Police found a baggie of marijuana on McKay when he was searched in police cells.
In one frame of the video, Niederlinski appears to be smiling at McKay. He also appears to be standing in a relaxed position near McKay.
"He insulted me. I laughed at that," said Niederlinski, who explained he was trying to de-escalate the situation.
Tags: police brutality, assault, tyranny, corruption, government corruption, police corruption
Location: Victoria, British Columbia, Canada (load item map)
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