 |
 Cory Royer stands near his north-central Edmonton home on Thursday, July 23, 2009, after having charges of assault on a peace officer and resisting arrest dismissed. (Sun Media/Jordan Verlage) |
EDMONTON -- A city man had charges of assaulting a police officer and resisting arrest dismissed yesterday after a judge ruled the officer let it become "personal" and went overboard.
And the lawyer representing the man had harsh words for both the officer and the Edmonton Police Service media relations unit, whom he accused of "raising public furor" by misstating and exaggerating what had happened.
"It made him look like a thug," said defence lawyer Tom Engel, criticizing the police media relations unit for stirring up the public about a police officer being attacked.
Engel was referring to a May 13, 2008, press conference where Chief Mike Boyd said police were not going to tolerate swarmings in response to what they described as two men knocking a school resource officer unconscious.
Cory Royer was charged with assaulting a peace officer and resisting arrest in connection with the May 12, 2008, incident outside of Eastglen High School at 11430 68 St.
BAD BEHAVIOUR
|
However, provincial court Judge Michael Stevens-Guille yesterday threw out both charges against Royer.
Stevens-Guille ruled he had doubt over whether an actual assault was committed against the officer and said while Royer doesn't "deserve any medals" for his conduct, the officer's escalating actions went beyond his lawful duty.
The judge said he accepted Royer pushed Const. Terry Mishio in the chest with both hands after Mishio got into his personal space, sending the officer two steps back.
"After that it all becomes very personal," said Stevens-Guille, adding Mishio then decided "he's going to take this guy down."
Court heard the incident began with Royer, his former girlfriend and David Patton going to the high school to confront another man about injuring the girlfriend.
STUNTING ARREST
Mishio showed up and decided he was going to arrest Royer for stunting with his car.
After the push, Mishio tried to take Royer down using head stuns. When that didn't work, he deployed three to four seconds worth of pepper spray and then put him in a type of chokehold that is against EPS policy.
Court heard Mishio then blasted Royer again with pepper spray, but this time it was from point-blank range, which is also against EPS policy.
Royer, 19, ended up on the ground, face-down and screaming in pain. Mishio put a knee on his neck.
At that point, Patton allegedly ran up and kicked Mishio in the head and then a teacher showed up and ordered both men to get on the ground, which they did.
Patton is still awaiting trial for aggravated assault.
Outside court, Engel said he believes Mishio "lost his temper" and everything he did "was done out of anger."
Royer, who thought he was going to die from the pepper spray, agreed.
A lawsuit and official complaint to police are planned.
TONY.BLAIS@SUNMEDIA.CA