Pubdate: Sat, 22 Nov 2003
Source: Abbotsford News (CN BC)
Copyright: 2003 Hacker Press Ltd.
Contact:  http://www.abbynews.com/
Details: http://www.mapinc.org/media/1155
Author: Cheryl Wierda
Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada)
Bookmark: http://www.mapinc.org/people/Tim+Felger (Felger, Tim)

SHERIFF BIT, FELGER ON TRIAL

Tim Felger's legal battle of the bite got underway Thursday, with a trial 
starting in Abbotsford provincial court just steps away from where the 
alleged altercation happened a year and a half ago.

On April 15, 2002, Felger was arrested at the Abbotsford courthouse after 
he allegedly chomped on the hand of a sheriff while they tried to remove 
him from the courthouse after he refused to hand over his pro-marijuana 
flyers. Testifying yesterday afternoon, Felger said he disagreed with the 
attempt to kick him out of the courthouse because he was required to make a 
court appearance and because he had a right to hand out the flyers.

On Thursday, deputy sheriff John Silvester said he had just left his office 
when he lost his balance on a piece of paper on the floor.

The paper called for the legalization of marijuana and invited people to a 
"liberation day" in May.

Silvester began picking up the papers -"I didn't want anyone to slip on the 
floor"- when he noticed Felger walking toward him, carrying a stack of 
similar sheets of paper.

"I think I asked him if these were his papers," said Silvester.

Felger responded no, but when Silvester told him someone could trip on the 
papers and offered to dispose of them "he screamed at me, your honour, 'No, 
they're mine.'"

Felger said he was not lying when he said the papers were not his. "In my 
opinion, the correct answer was to say no and walk away. He kept 
confronting me." said Felger.

Silvester described Felger's clenched hands and fixed eyes, prompting 
Felger, who changed clothes between the morning and afternoon court session 
on Thursday, to look back at the court gallery and smile.

"I think he was ranting about I can do what I want, there's nothing wrong 
with doing this," said witness Mary Partridge.

Silvester described Felger coming toward him and his attempts to calm 
Felger, who Silvester said was screaming.

Other sheriffs soon joined in to escort Felger out of the courthouse, and 
the flailing Felger hit Silvester in the face and knee.

After Felger was taken to the ground and handcuffed, another sheriff 
noticed he had been bit.

Felger said he didn't remember biting the sheriff. "It was a free-for-all," 
he said. "Maybe one of the sheriffs bit him."

Felger denied yelling or swearing prior to the point when sheriffs grabbed 
him shortly before the takedown. Instead, he said Silvester was the one 
being "belligerent."

He also disagrees with a Partridge's claim that the sheriff was "polite."

"Maybe that's her idea of a polite officer," he said. "I thought he was pushy."

However, he admits to resisting attempts to having him ejected from the 
courthouse. "It wasn't a lawful arrest. I don't think I was going anything 
wrong."

Felger claims he was "advertising" by distributing the flyers, and said he 
was done when he was confronted by Silvester. However, he later admitted he 
began handing out the leaflets again during the confrontation with Silvester.

Defence lawyer John Conroy earlier questioned Abbotsford Police officer 
Const. Charlene Lewko and asked why only two of the 30-odd people in the 
court hallway were asked to be witnesses. "I did not have the time to do 
that with our manpower," she said.

Felger will be in court Thursday to set the final trial date.
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MAP posted-by: Jackl