Edmonton police constable hit a man seeking police help with baton, jury hears

CBC

2 days ago

An Edmonton police officer is on trial this week, facing two assault charges over a 2019 arrest where he allegedly injured a man with a police baton.
A jury began hearing evidence Monday in the case against Const. Alexander Doduk, who pleaded not guilty to assault causing bodily harm and assault with a weapon.
He was charged over an incident just outside the courthouse, near 97th Street and 103A Avenue, on the morning of Nov. 26, 2019. It was captured on security video from the Royal Alberta Museum, which was played in court for the jury.
Crown prosecutor Michelle Kai told jurors that Doduk hit the complainant, Justin LaFrance, multiple times, as LaFrance fell to his knees. Kai said Doduk then struck him with a police baton as LaFrance raised his arm, trying to defend himself.
LaFrance testified on Monday that he had been trying to flag down the officer for help, and he was left with a broken nose, a chipped tooth, an injury to his ribs and bruising down his left arm.
Kai said the central question in the case is whether Doduk's actions were justified in the course of his duties as a police officer, whether he had reasonable grounds to arrest LaFrance and if he used no more force than necessary.
"The Crown says he was not so justified, and will ask you to find him guilty of assault with a weapon and assault causing bodily harm," Kai said.
Complainant testifies his brain 'shut off'
The jury heard that LaFrance was working for a construction company at the former Downtown Farmers' Market building on 97th Street on the day of the alleged assault.
LaFrance testified that he got to work at around 7:15 a.m. and began checking the building to make sure there wasn't damage or any break-ins overnight. He said that as he was turning on breakers around the building, he heard what sounded like a window breaking, and went to investigate.
He told the jury that a man outside the building pointed him to a person across the street, near the Royal Alberta Museum.
LaFrance said he was walking toward that man by the museum, when he saw a marked police car sitting at the intersection, and he waved and pointed at himself and the man to try to indicate he needed help.
He told the jury he ran across the road, but when the officer caught up, he suddenly put the other man face down on the ground.
"I said, 'I think that's really excessive for breaking a window,' and that he needed to calm down," LaFrance said.
He testified that he remembers trying to tap the officer on the shoulder to get his attention to talk about the situation.
"The whole purpose of trying to catch this individual was to get a line of communication — not what happened. It was not the intention of what I wanted," LaFrance said.
At that point, he said, the police officer "aggressively," grabbed his wrist, and LaFrance pushed his hand away, and started backing away.
"That's when I saw the aggression was coming, and my brain just kind of shut off. If he started saying stuff after I got hit, I wouldn't be able to tell you."
LaFrance testified that he can't remember the details of what happened next. He said he recalls some time later, when several police officers were on top of him, putting him in handcuffs. He said he couldn't tell where he was because his glasses were broken. Eventually, he said he was taken to an ambulance, where he could feel blood coming down his face.
"It's been to this point, almost six years, a gap in my life. I don't know why."
The jury heard that LaFrance taken to the hospital, and on the way there, he was told he was being arrested for assaulting a police officer.
Later on, he said he was taken to police holding cells, where an investigator took photos of his injuries before he was released on a promise to appear in court.