Winnipeg man cleared of assaulting officers after judge finds 'inconsistencies' in police testimony
CBC
A Manitoba judge has cleared a Winnipeg man accused of assaulting two police officers after finding "inconsistencies" with the officer's testimony and questioning their use of a Taser on him.
"Was the use of a Taser multiple times really necessary?" said provincial court Judge Robert Heinrichs as he read his decision Tuesday.
"There are some inconsistencies and concerns with the police's evidence in this case."
Shaun Anobis, 38, was found not guilty on two charges of assaulting a police officer and one charge of resisting arrest.
The charges stem from an incident in June 2020, during which police say Anobis punched and kicked officers who responded to a report of a break-in involving a man brandishing a BB gun.
Officers testified at Anobis's trial that a Taser was used after he refused to give them his hands while they tried to arrest him.
Anobis's testimony detailed a different version of events, alleging police never told him he was under arrest when they first encountered him and he was Tasered 13 times during the arrest.
Anobis filed a lawsuit in 2021 against police over the incident, seeking damages for his alleged unlawful arrest.
Martin Pollock, Anobis's lawyer, says Tuesday's decision sends a message.
"There are a lot of people like Shaun Anobis who should be believed when they tell their story," Pollock told CBC News.
The June 2020 incident began when Anobis was at a friend's house in Winnipeg's West End and had his cellphone stolen.
Officers testified at the trial that after the BB gun report had come in, they were told to go to the house that Anobis was leaving, still searching for his phone.
Police testified Anobis was agitated and talking about a missing phone, but said he also matched the description of the the break-in suspect. Officers testified they immediately told Anobis he was being detained. Anobis said that never happened.
There is no mention in police use of force reports that officers immediately told Anobis they were detaining him, Heinrichs said in his decision.
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