Pubdate: Fri, 22 Feb 2008
Source: Penticton Herald (CN BC)
Copyright: 2008 The Okanagan Valley Group of Newspapers
Contact:  http://www.pentictonherald.ca/
Details: http://www.mapinc.org/media/664
Author: John Moorhouse

PENTICTON RCMP OFFICER GETS CONDITIONAL DISCHARGE FOR ASSAULT

A Penticton RCMP officer, who admitted kicking an arrested man in the
head while he was lying on the ground, has been given a conditional
discharge on an assault charge.

Cpl. Brad Myhre, 43, pleaded guilty in Penticton provincial court
Thursday to assault stemming from an arrest on May 3, 2006.

Court was told how Myhre and another officer apprehended four people
after the occupants of a van had stopped to make an alleged drug deal.

One of the suspects, Robert William Douglas, later filed a complaint
alleging that Myhre had kicked him while he was face down on the
ground with his hands behind his back, lying face-to-face with the
female driver of the van who had been handcuffed.

Douglas claimed Myhre kicked him in the forehead and told him to shut
up. However, the RCMP officer later stated in a report on the
incident, the kick was in response to a perceived movement the suspect
made with his hands.

Police found a knife and a weighted baton in the rented van and
another knife inside Douglas's backpack. Two days later, staff at the
car rental agency discovered a gun hidden inside the vehicle.

Myhre admitted in retrospect he may have acted too quickly and should
have taken a few more seconds to assess the situation. The 19-year
RCMP veteran and current head of the Penticton detachment's drug task
force, received a letter of reprimand following an internal police
investigation of the incident.

Deputy regional crown counsel Jeffrey Dyment and defence lawyer Brian
Gilson agreed the case boiled down to the degree of force used by Myhre.

Gilson noted the plain-clothed police officer was wearing running
shoes at the time and the single kick left a red mark on the suspect's
forehead but no lasting injury.

"This is at the lower level of moral blameworthiness," Gilson
said.

Crown called for a $500 fine, while defence suggested a conditional
discharge would be more appropriate. A conditional discharge does not
result in a criminal record, if the accused adheres to the terms of
probation.

Judge Allan Betton said there is a fine line governing what
constitutes excessive force by police in making an arrest.

Although the courts cannot be viewed as sliding an offending officer's
conduct under the carpet, Betton said the situation had "potential for
some volatility" and did not involve a gratuitous kick at the suspect.

Dyment told reporters afterwards the case reflects the fine balance
between the job the police must do in protecting the community and
staying within the bounds of lawful actions in performing their duties.

"Much is expected of our good police officers, but that's something
that is addressed by their training," he said. "There's a time and a
place for when force has to be used and is legally justified, but at
the same time there's a time what that force goes beyond the mark."

Myhre, who has remained on active duty since the incident, declined
comment following the judge's decision. Penticton RCMP Insp. Dan Fudge
said the charge against the officer has not had a profound impact on
the morale of other detachment members.

"I think was certainly some discussion about it, but it didn't have
any kind of significant impact at all," Fudge said.

In addition to the conditional discharge, Myhre must perform 50 hours
of community work service. He must also have no contact with Douglas
unless during an emergency situation as part of his role as an RCMP
officer.
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MAP posted-by: Derek