Tag Archives: DUI

No Charges Against Two Winnipeg Cops Investigating Killer Cop Justin Holz, Despite “Improper Conduct”: When Cops Investigate Cops

On December 20, 2017, it was announced that no charges will be brought against two Winnipeg police officers assigned to help investigate the hit-and-run killing of Cody Severight (23) by Winnipeg officer Justin Holz (34) on October 10, 2017. Severight, of the Waywayseecappo First Nation, about 280 kilometers northwest of Winnipeg, was struck by the vehicle driven by Holz while crossing Main Street near Sutherland Avenue around 8 PM. Officer Holz had been out drinking before getting into his vehicle. He has been charged with impaired driving causing death and failing to remain at the scene of an accident.

Two other Winnipeg officers involved in the investigation into Holz’s killing of Severight were placed on administrative leave ten days after the killing.

The Independent Investigation Unit of Manitoba (IIU), the agency that investigates cases of police harm to civilians in the province, reported that it had been notified of “irregular and improper conduct of two officers.” The IIU has now concluded that no charges should be laid and reported this in an uninformative media release. IIU director Zane Tessler said in that release: “It’s kind of difficult to discuss the specifics of [my decision] given that everything is intertwined in pending matters that are still before the court.“ Indeed developing excuses for letting cops off the hook can take time and is no doubt “difficult to discuss” in a way that they public would accept.

The Winnipeg Police Service (WPS) may continue its “investigation” into the two officers. Both officers have returned to duty and the WPS says it will not be commenting further. By now we have come to know what to expect when police investigate police.


Winnipeg Cops Delay Breathalyzer for Colleague Justin Holz in DUI Hit-and-Run Killing of Cody Severight

Questions are being raised publicly about egregious delay in police officers administering a breathalyzer test to their colleague who was involved in a fatal hit-and-run in Winnipeg. Constable Justin Holz (34) was arrested away from the scene a short tome after striking 23-year-old Indigenous man Cody Severight of Waywayseecappo First Nation on October 10, 2017.

Len Eastoe, a former cop who now runs Traffic Ticket Experts to help people fight fines, cannot understand why it took three to four hours to administer the test to Constable Holz. Said Eastoe: “It is a rather strange period of time” (quoted in CBC 2017). Eastoe notes that there can be a passage of time in administering the breath test, in this case the gap between when the crash happened and when Holz was tested is much too wide. He suggests that the test is usually done within two hours. In his view: “There has to be some sort of a reason for that, and then you’ve really got questions as to whether that test is going to be admissible or not” (quoted in CBC 2017).

Of course, some would offer the rather obvious answer that they are doing what cops routinely do in protecting their colleagues who kill. And in this case, as Eastoe suggests, it could rule the test inadmissible in any court proceedings against the officer, thus shielding him from conviction.

Even more, two police officers who had been assigned to investigate Holz have been placed on paid administrative leave and could face charges, for as yet unspecified activities. Winnipeg police Chief Danny Smyth has only said that the officers did not administer the breathalyzer test and were not at the scene of the collision.

The Independent Investigation Unit (IIU), Manitoba’s police oversight body, said on Friday, October 20, that it had been notified of “irregular and improper conduct of two officers” and is assessing whether charges should be laid. It ahs been reported that one of the officers in question was at The Pint, the bar at which officer Holz was drinking before getting in his car and killing Cody Severight. Did they watch as their colleague got into his car to drive off after an evening of drinking?

Constable Holz has been charged with impaired driving causing death and fleeing the scene of an accident.

 

Further Reading

CBC. 2017. “Breathalyzer Delay for Officer Charged in Fatal Hit-and-Run Raises Questions, Former Cop Says.” CBC News. October 25. http://www.cbc.ca/news/canada/manitoba/breathalyzer-test-length-of-time-justin-holz-1.4370540