A police chase in Pointe-Calumet, west of Île Bizard, Quebec, July 30, 2017, has left one pedestrian, a 66-year-old man, dead. Eight investigators of the province’s Bureau des enquêtes indépendantes (BEI, Bureau of Independent Investigations), the body that examines police harm to civilians in Quebec, are looking into the case. Police supposedly began pursuit of the car after it allegedly made “strange maneuvers.” The car later crashed into a Hydro-Quebec pole. The three occupants were arrested and taken to hospital with injuries.
Monthly Archives: July 2017
Killer cops, their forces, and their police associations are regularly coming up with euphemisms and bogus “conditions” to excuse or legitimize their killings. The litany includes “excited delirium,” “suicide by cop,” and the mystical “sudden death.” The Special Investigations Unit (SIU), the agency that examines cases of police harm to civilians is investigating a case that police are calling “sudden death” in Chatham, Ontario on July 26, 2017.
Sometime on the night of July 25, Chatham-Kent police responded to a 911 call allegedly involving a domestic dispute. According to the SIU police remained outside the house on Greenfield Lane for quite some time.
Then the storyline jumps dramatically with no explanation. The SIU reports police entered the house at around 7:00 AM and—huge jump here—a 52-year old man, since identified as Shawn Davis, was pronounced dead at the scene (killed?, found dead?, etc.?). No one is saying. But sudden death does not cut it.
CKPS Constable Kelly Helbin said police would not release any other information. This only adds to the sense of police acting suspiciously in this case.
Police in Rothesay, New Brunswick have fought to keep body camera footage of the killing of William David McCaffrey by an officer of the Kennebecasis Regional Police Force from the public. On July 27, 2017, the access to information and privacy commissioner for the province called for release of the tape.
The 26-year-old youth was shot and killed by police in his home on February 28, 2014, while experiencing mental health distress. McCaffrey was shot twice while harming himself. The force was not investigated by a civilian oversight unit but only by another police force, the RCMP. The finding for release of the tape comes after a 15-month battle over access to information by the Canadian Broadcasting Corporation (CBC).
Commissioner Anne Bertrand in deciding the case determined that public interest in police use of force cases supercedes privacy, including for police. This ruling could have something to say about who is able to see police body camera footage in the future. In an interview Bertrand clarified: “In special circumstances, there may be a public interest in the public knowing about what happened, despite there being personal information involved” (quoted in Donkin 2017).
The Kennebecasis Regional Police Force had denied a request from CBC News of information of footage from a police body camera in 2016. They cited privacy concerns.
CBC News appealed the police decision to Bertrand. The news station argued that body-worn camera footage should be treated the same way as any other record showing how police make a decision (2017). According to the CBC News claim: “Having access to those records is necessary to ensure public safety and accountability” (quoted in Donkin 2017).
In her decision, Bertrand invoked a little used public interest section of the Right to Information and Protection of Privacy Act. It says that in cases where there is “a risk of significant harm,” which could include a danger to public safety, that section can override other parts of the law that protect privacy (Donkin 2017).
This would be the first case of release of police body camera footage in the Canadian context, unlike the situation in the United States in which such footage has been released numerous times. As is too often the case in public body decisions involving police conduct, the police force is not required to adhere to Bertrand’s decision and is already pursuing legal advice. Once again the police assume the powers of a law unto themselves.
Donkin, Karissa. 2017. “Video of Fatal Police Shooting Should Be Made Public, Commissioner Says.” CBC News. July 27. http://www.cbc.ca/news/canada/new-brunswick/rothesay-shooting-commissioner-1.4223274
The 2017 coroner’s inquest into the police killing of Michael MacIsaac has already heard dubious testimony from the officer who shot him, Brian Taylor. As the inquest continues, on July 26, another police officer, Durham Regional Police Constable Mark Brown, has added to the questionable police testimony by suggesting that the dying victim played a part in his own death by actively resisting help. Brown was the first to respond to a 911 call involving Michael MacIsaac on that morning on December 2, 2013. MacIsaac was shot by Taylor while he was experiencing effects of an epileptic seizure and was naked in the street near his home.
In Brown’s own testimony: “I remember him saying stuff, but I couldn’t understand what he was saying. The only thing I understood when performing first aid, was MacIsaac said ‘pain’ (quoted in McLaughlin 2017). That seems clear enough. But the cop wants the jury to believe the dying man did not want the pain to stop.
The MacIsaac family lawyer, Roy Wellington questioned Constable Brown about his claim that MacIsaac resisted help. Asked Wellington: “Does it strike you as odd that someone would not want to be touched after being shot by the same people” (quoted in McLaughlin 2017)? Brown could not offer such empathetic insight.
Family members in attendance at the inquest were dumbfounded at the officer’s testimony. Said Brian MacIsaac’s sister, Joanne: “I can’t imagine what was going through Michael’s head, and know the pain must have been horrible. But to tell him after the fact, we are here to help you? It’s ridiculous, ridiculous to me. Why didn’t you help him before?” (quoted in McLaughlin 2017). Joanne MacIsaac suggested that the officer’s testimony was not close to believable. She continued in frustration:
“His narrative of what happened has got to be, in my opinion, fabricated. To say Michael was actively resisting when he’s naked, cold on the ground and you’re pushing in on his abdomen after he has been shot, to use the phrase ‘he’s actively resisting,’ my god what is the matter with these people?” (quoted in McLaughlin 2017)
Under cross examination by Anita Szigeti, a lawyer with Toronto’s Empowerment Council for people with mental health issues, Constable Brown, an officer with 14 years of experience on the force had undertaken only one week of mental health training ever and that had occurred a decade before the killing of Michael MacIsaac. Brown had to admit on the stand that his training was not adequate.
McLaughlin, Amara. 2017. “Michael MacIsaac was ‘Actively Resisting’ Help after Police Shooting, Says Officer at Scene.” CBC News. July 26. http://www.cbc.ca/news/canada/toronto/michael-macisaac-inquest-mental-health-1.4223451
Romeo Wesley (34), of Cat Lake First Nation, died after being pepper sprayed, beaten, handcuffed, and stepped on by two police officers in his community’s nursing station in 2010. On July 20, 2017 the coroner’s inquest into his killing by police was released and concluded incredibly that his death was accidental. Now for most reasonable people if a civilian pepper sprayed, beat, restrained, and stepped on someone and they died it would not be viewed as an accident. Death would be recognized as a probability outcome of those actions being inflicted on someone.
Wesley had gone to the nursing station, in the community 400 kilometers north of Thunder Bay, concerned about shortness of breath and looking for help. A nurse there viewed his behavior as erratic (one would think acting erratically is not atypical for someone in medical distress) and called Nishawbe-Aski police.
The two officers who arrived pepper sprayed Wesley, tackled him onto the floor, beat him with a baton, and handcuffed his hands behind him. With police forcing him face down on the floor and with their boots on his head, neck, and back, Wesley stopped breathing. The inquest determined this to be an accident but we might reasonable ask if he would have died in the absence of this police assault.
None of the medical staff at the nursing station, including the doctor and nurses, did anything to help Wesley, perhaps fearful of police response if they tried. They only checked on him after he stopped breathing.
The coroner’s inquest, in a manner not unique in cases of police killing civilians, decided to blame the victim in their ruling. They found the cause of Wesley’s death to be “struggle and restraint (chest compression, prone positioning, handcuffing) as well as agitation and trauma (pain)….with acute alcohol withdrawal/delirium tremens.” Restraint, agitation, and trauma are all directly attributable to actions taken by the police officers. These were not accidents.
The jury made 53 recommendations. Some of them highlight systemic racism within government services in Indigenous communities (without actually naming racism). They include:
Cultural training courses for nurses before being placed in an Indigenous community.
Hiring medical staff and police officers who speak the language of the communities they serve.
Developing a protocol for police interventions in medical facilities within Indigenous communities.
Designating Nishnawbe-Aski Police Services as a police force under the Police Services Act in Ontario and thus providing for some civilian oversight.
By all accounts Romeo Wesley was a beloved member of the community and is missed by many. The community was hoping for much more from this inquiry.
The Independent Investigations Office (IIO), the agency that investigates cases of police harm to civilians in British Columbia has decided not to recommend charges against an RCMP officer who shot a 24-year-old in Port Hardy on Vancouver Island on July 8, 2015. The IIO suggested that the man made threatening comments to people and carried a small knife. There is no explanation for the total of five shots fired into the youth by the officer. The killer cop did not provide a statement to the IIO.
Killer cop Brian Taylor provided two days of questionable, even outright unbelievable, testimony during the coroner’s inquest into his 2013 killing of 47-year-old Michael MacIsaac. As witnesses and 911 call evidence contradicted much of his depiction of events, Constable Taylor turned to the bogus and obnoxious “excited delirium” excuse to blame the victim. Notably the inquest testimony was the first time he raised this baseless suggestion, a last refuge of killer cops.
Taylor claims he feared for his life when seeing MacIsaac, yet he was safely inside his police vehicle and decided to exit only after seeing the man he was supposedly threatened by near him. Taylor claimed in his testimony that he heard MacIsaac say “Come on, come on,” and claims that he issued the police challenge, “Police. Don’t move,” to MacIsaac and remembers hearing it.
Taykor testified at length:
“Somebody said ‘Drop it, get down on the ground.’ I thought that if I have to take a shot, don’t miss. There are a lot of people around. Then he moved off the curb. I fired the first round. I didn’t hear the gun go off. I felt it . . . . I didn’t know if I had hit him, because there was no effect. And he continued to move and I fired a second round and I know that one struck him.” (quoted in Gallant 2017a)
Roy Wellington, the MacIsaac family’s lawyer, used cross-examination to note that most of Constable Taylor’s claims about what was said are not captured on a 911 call made by Ron Nino the witness who stopped the arriving Taylor and told him MacIsaac was in the area. On that call a voice is heard telling Nino “get back, get back” (Gallant 2017a). Only seconds later shots are fired. No one is heard at any point either issuing commands to MacIsaac or saying “Come on, come on.” Nino said that Taylor fired almost immediately. The MacIsaac family had that call analyzed by a forensic scientist to see if there were cuts or absences. That report concluded that “there are no definite signs of alterations or breaks found on this recording” (quoted in Gallant 2017b).
Queried Wellington: “I’m having a hard time understanding how we can hear someone further away from Mr. Nino, but we don’t actually hear you issuing any commands at all” (quoted in Gallant 2017a).
Wellington continued: ““Regardless of who shouted commands, there wasn’t much of an opportunity for Mr. MacIsaac to respond. Would you agree with that?” (quoted in Gallant 2017a).
Constable Taylor offered the rather desperate response that perhaps the cell phone malfunctioned. This despite the forensic tests. Taylor’s lawyer, Bill MacKenzie tried to suggest that 911 called Nino back and thus interfered with the call, which, frankly, makes no sense.
Questions are also being asked why Taylor shot MacIsaac twice and how he could not see if the first shot hit the man, since he was naked and there were no clothes to obscure a bullet strike and wound. Incredibly, Taylor believed the victim was “still a threat” even after he saw black-red blood streaming out of the stricken man’s abdomen. Two other officers took time to handcuff the dying man rather than giving him any medical attention.
Constable Taylor Proposes Phoney “Excited Delirium”
Taylor, desperately and pathetically, tried to introduce the phony notion of “excited delirium” to describe MacIsaac and justify the killing. Excited delirium is a bogus claim produced by police and police associations after the fact when they kill someone. Incredibly Taylor suggested this was his first thought when hearing over police that the person he was seeking might be suffering mental health issues. The family suggests that MacIsaac was in crisis as a result of an epileptic seizure but did not have mental health issues.
Anita Szigeti, a lawyer for the Empowerment Council, an advocacy group for people with lived experiences of mental health and addiction issues noted that organizations including the World Health Organization and American Medical Association do not recognize it as an actual condition (Gallant 2017b). Szigeti rightly pointed out that the only ones who maintain that it is a condition are the “maker of Tasers” and law enforcement members (Gallant 2017b). We might add pro-police criminologists or copagandists.
Szigeti posed this to Constable Taylor. In her words: “But, do you know ‘excited delirium’ is extremely controversial, over whether it’s even a condition at all?” (quoted in Gallant 2017b). Taylor answered simply, “Yes.”
Szigeti said that she was puzzled because Taylor promoted the notion of excited delirium at the inquest but the term does not appear anywhere in his notes on the shooting. Neither does it appear in his interviews with the Special Investigations Unit or the Office of the Independent Police Review Director (Gallant 2017b).
This led Szigeti to conclude: “I’m going to suggest to you that you never thought about ‘excited delirium’ at all until long after the events when you shot Mr. MacIsaac” (quoted in Gallant 2017b). This at base the nature of this phony claim. It is an after the fact justification for killer cops desperate for an answer when all reasonable explanations are absent.
Joanne MacIsaac, Michael MacIsaac’s sister, is also asking if the SIU bothered to listen to the Nino 911 call in its investigation into the killing which resulted in a decision not to bring criminal charges against Constable Taylor.
Taylor ended his testimony, on its second day, with the admission, in response to a question from a juror: “With hindsight being 20/20, yes, there probably could have been a better way to resolve it” (quoted in Gallant 2017b).
Gallant, Jacques. 2017a. “Durham Cop Who Shot and Killed Michael MacIsaac, Testifies at Inquest into MacIsaac’s Death.” Toronto Star. July 20. https://www.thestar.com/news/gta/2017/07/20/durham-cop-who-shot-and-killed-michael-macisaac-testifies-at-inquest-into-macisaacs-death.html
Gallant, Jacques. 2017b. “At Inquest into Death of Michael MacIsaac, Cop Concedes there was a Better Way to Resolve Issue.” The Toronto Star. July 21. https://www.thestar.com/news/gta/2017/07/21/at-inquest-into-death-of-michael-macisaac-cop-concedes-there-was-a-better-way-to-resolve-incident.html