WINNIPEG - As the public chews over the footage, Mounties are investigating the conduct of Winnipeg police officers who repeatedly struck a 19-year-old man while he allegedly resisted arrest in an incident recorded by surveillance video last year.
After consulting with Manitoba Justice, Winnipeg police have asked RCMP to probe the matter. The investigation will determine whether any criminal wrongdoing occurred when police arrested Cody Bousquet, 19, in February 2009. None of the officers involved has been charged.
Winnipeg police Chief Keith McCaskill isn't involved in his force's handling of the matter because of a family relationship, police said. His nephew, Const. Ryan Law, was one of the officers involved in the arrest.
No one from the police service agreed to an interview Friday.
Meanwhile, Bousquet is considering filing a complaint to the Law Enforcement Review Agency alleging police brutality. He is also seeking advice from a civil lawyer to find out if there are grounds for a lawsuit, said Daniel Manning, Bousquet's criminal lawyer.
Marc Pellerin, vice-president of the Winnipeg Police Association, said the video was disclosed to the defence within days. He questioned why a complaint wasn't filed sooner.
"You would think if there was truly something unacceptable about the explanations provided in the police reports the defence would have been making noise about this a long time ago," Pellerin said. "Almost a whole year has passed without a peep from (Bousquet)." Manning said Bousquet wanted to deal with his charges first.
Surrounded by as many as six officers, the video shows an obscured Bousquet receiving several punches and knees to the body in a parking lot while officers attempt to handcuff him.
The highly-intoxicated Bousquet, also shocked twice with a Taser, had just led police on a dangerous high-speed pursuit in a stolen truck, a courtroom was told this week.
The officers argue the level of force was required to "lessen (Bousquet's) resistance and gain compliance," court heard.
Bousquet struggled so police couldn't get control of his arms, swung, flailed around and tried to put his arms in his waistband, according to Law's notes.
At sentencing, Judge Ray Wyant said he didn't see "any evidence of overt resistance." The incident was recorded by a surveillance camera at PartSource at Notre Dame Avenue and Isabel Street.
The video was obtained exclusively by the Winnipeg Sun after Bousquet pleaded guilty to dangerous driving and two counts of assaulting a police officer and was sentenced Thursday to 11 months time served.
Several charges, including obstructing/resisting arrest, were stayed as part of a joint recommendation between the Crown and Manning.
City Coun. Mike Pagtakhan, chairman of Winnipeg's protection and community services committee, which oversees police matters, gave the officers the benefit of the doubt.
"It looks like they're trying to contain him and the guy is struggling," Pagtakhan said.
Manning declined to put up Bousquet for an interview.
"Mr. Bousquet is afraid. He's afraid of the police and of talking to the media at this point," Manning said.
This is the latest in a series of excessive force allegations against Winnipeg police officers in the last two years.
Law was charged with aggravated assault in June 2009 after a man accused the officer of kicking him in the stomach as he lay in a holding cell in November 2008.
Law was still on street duty at the time of the Bousquet arrest but was removed when he was charged four months later in the 2008 incident, which is still before the courts.
chris.kitching@sunmedia.ca
