An assault cost in opposition to an RCMP canine handler whose service canine bit and injured an Abbotsford man throughout an arrest has been dropped.
Const. Simon Courtoreille of the RCMP Lower Mainland Integrated Police Dog Service was charged with assault on Oct. 20, 2020, about three months after his police service canine bit a person twice, inflicting accidents that had been described as severe, however not life-threatening.
On Tuesday, the B.C. Prosecution Service stated the cost in opposition to Courtoreille has been stayed.
New info supplied by witnesses and a police canine knowledgeable after expenses had been accepted meant “the Crown is unable to prove beyond a reasonable doubt that the force used by (Const.) Courtoreille was not necessary, proportionate, and justified,” it stated in a press release. “Accordingly, there is no substantial likelihood of conviction.”
The preliminary cost stemmed from an incident on July 12, 2020 when Abbotsford police responded to a criticism of a home assault the place the suspect had barricaded himself in a small bed room together with his three-year-old son.
Eight officers, together with Courtoreille, entered the home.
After eradicating the kid, the officers tried to arrest the person. Courtoreille and his police service canine had been on the door of the bed room when one other officer woke the person up.
The officer was capable of put handcuffs on one of many man’s wrists earlier than the person started resisting arrest, yelling on the officers, flailing together with his torso, and transferring his legs in order that he started sliding down the mattress onto the ground close to Courtoreille and the canine.
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The canine bit the person twice, with one of many bites requiring stitches.
Based on the knowledge, the Independent Investigations Office decided Courtoreille could have dedicated offences. The prosecution service determined to put expenses in opposition to the officer for assault inflicting bodily hurt associated to the arrest.
However, throughout pretrial interviews, witnesses supplied new info to Crown counsel that wasn’t available on the time the cost was accepted, stated the prosecution service within the assertion that defined its choice to remain the proceedings.
The officers instructed Crown that they had thought of the usage of a baton, pepper spray or bean bag rifle to restrain the person however rejected them as a result of they may have led to severe damage as a result of confines of the bed room.
Three of 4 officers stated “they had lost control of the fight” with the person and that “use of force by deploying the dog was appropriate” in restraining him, stated the service. The officers believed the person had adequate warning of the presence and potential use of the canine as a result of it was barking.
A police canine knowledgeable additionally instructed Crown after the cost was accepted that the usage of the service canine was in accordance with coaching requirements as the person was actively resisting arrest. The knowledgeable stated the brief period of the canine deployment — probably two to 3 seconds — was in line with coaching.
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