Assault trial for 3 Vancouver police officers ends with conflicting versions of events
CBC
Crown counsel and defence lawyers for three Vancouver police constables gave clashing narratives of an arrest that left a suspect with serious injuries as the officers' assault trial wrapped up on Friday.
Crown prosecutor Peter Campbell told a provincial court judge that video of the arrest confirms all of the numerous punches and knee strikes delivered by Vancouver Police Department constables Brandon Blue and Beau Spencer and now-retired constable Gregory Jackson were excessive and unnecessary.
Defence lawyers, on the other hand, argued they were only taking reasonable measures to bring a resistant man under control, and suggested Crown was being careless with its evidence.
Campbell said that by the time Blue arrived on the scene at the Commercial-Broadway SkyTrain station on May 24, 2017, followed close behind by his partner Spencer and then Jackson, suspect David Cowie had already been brought under control by another officer.
"At that point, Mr. Cowie had been subdued. He was not actively resisting," Campbell said, describing Cowie as a frail, short man.
Campbell argued that the video even showed Spencer kneeing Cowie as he was being handcuffed.
Judge Jay Solomon interrupted to ask for clarification, saying that, as he recalled, the location of Cowie's right hand wasn't clear in the video at that point.
Spencer's lawyer, Claire Hatcher, took issue with Campbell's arguments on that point as well.
"Crown has taken what I would submit is a bit of a casual approach to the evidence, which is troubling," Hatcher said.
After the takedown, Cowie was treated for four broken ribs — including two that were each fractured in two places — as well as a collapsed lung.
The trial has heard evidence from an emergency physician who reviewed video of the arrest and testified that Cowie's injuries appeared to have been caused by the officers' knees. The doctor said Spencer was most likely responsible.
Spencer has admitted that at one point, he kneed Cowie three times and punched him three times within just six seconds.
Campbell described the force used by Spencer as an "order of magnitude greater" than either of his co-accused, suggesting he kneed Cowie in the ribs despite being trained to avoid the torso.
In her closing submissions, Hatcher acknowledged that Spencer was responsible for "the lion's share" of the blows to Cowie, but said there was no evidence he struck the suspect in the ribs.
This First Person column is the experience of Shannon Flaman, who lives in Red Deer, Alta. For more information about CBC's First Person stories, please see the FAQ.
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