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.
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