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Former Edmonton police officer found not guilty of assault in arrest caught on video
Former Edmonton police officer found not guilty of assault in arrest caught on video

CBC

time09-05-2025

  • CBC

Former Edmonton police officer found not guilty of assault in arrest caught on video

Social Sharing A jury has found former Edmonton police officer Oli Olason not guilty of assault in a 2021 arrest where he was seen on video with his boot on a man's head. After hearing four days of witnesses, including Olason testifying in his own defence, the jury entered deliberations Friday afternoon and returned with a verdict about two hours later. Olason put his head in his hands and started to cry as the verdict was announced. After Court of King's Bench Justice Eric Macklin told him he was free to go, he stood up and hugged supporters watching in the gallery. The former officer left the Edmonton Police Service in 2021. He told the jury this week that he has since moved back to Iceland, the country where he was born, and no longer works in law enforcement. WATCH | Video of arrest shown at trial of former EPS officer: Video played in court shows arrest that led to assault charge against EPS officer 2 days ago Duration 5:29 This week, a jury watched security footage that shows Edmonton police officers arresting Lee Van Beaver on March 23, 2021. EPS Const. Oli Olason is on trial for assault, accused of excessive force during the arrest. Olason was charged after an Alberta Serious Incident Response Team investigation of the arrest of 43-year-old Lee Van Beaver shortly after midnight on March 23, 2021. He and his then-EPS partner Const. Dan Fedechko pursued Beaver into a Ritchie Market alley because they'd seen him pointing a canister of bear spray at their unmarked police vehicle, and they intended to arrest him for possession of a dangerous weapon. Beaver, who is Indigenous, testified that he was living on the streets and dealing with drug addiction at the time, and he carried the bear spray for protection. He said he held the canister by his side, displaying it to the passing unmarked EPS vehicle, not knowing police were inside, because he'd been robbed by people wielding machetes in the same area years before. Beaver thought he needed to ward off "robbers, jackers or gangsters" that he feared could be following him. Beaver was complying with police, Crown argues Crown prosecutor Michelle Kai told the jury before they left to consider their decision Friday that the video evidence shows Olason stepping on, stomping and kicking Beaver's head, constituting an unreasonable use of force. Olason testified that he put his boot on Beaver's upper back and it "slid" onto his head because Beaver was resisting. The former constable denied that he stomped Beaver, and said the kick was a "distractionary technique" to force the man to show his hands, fearing that he was deploying the bear spray, which was still in his pocket. Beaver told the court he was complying with police instructions to get on the ground. The arrest video shows him putting his hands up and lowering himself to his hands and knees. He said he never tried to reach for the bear spray or use it during the arrest. Kai pointed to a portion of the video where Fedechko is holding Beaver's right arm. That officer testified during the trial that he was trying to get both Beaver's hands to put him in handcuffs. Olason was, by then, stepping on Beaver's left arm, preventing him from surrendering, Kai said. "It is Mr. Olason's continued application of excessive force on Mr. Beaver that formed Const. Fedechko's perception that he was resisting, that he had to fight for Mr. Beaver's hand," she said. Sgt. Dustin Adsett, who arrived in the middle of the arrest, also used a Taser on Beaver because Olason's use of force led to a perception that Beaver was resisting, Kai argued. "In the course of their duties [police] are expected to defuse a situation. They cannot create a situation that makes it impossible for a subject to comply and then use that subject's reaction as justification for use of force." Adsett was also charged with assault with a weapon in the case. He was acquitted last year after a judge-alone trial, with Justice Kent Davidson concluding that while Beaver deserved "more compassion, dignity, respect and empathy" than he was treated with, Adsett shouldn't be the one held responsible for what happened. The jury heard references to the "Adsett trial" during this week's proceedings, but did not hear about its outcome or what Davidson said in his decision. Defence lawyer Brian Beresh told the jury in his closing arguments Friday that numerous factors show Olason's use of force was reasonable. Beresh said the video of the arrest is "misleading" in terms of deciding the case. He told the jury that it's missing key information that gives rise to reasonable doubt, meaning Olason must be acquitted. The officers knew Beaver had a weapon, and during the arrest, they began to smell the bear spray, adding to their perception of danger, Beresh said. "This scenario was not safe for any officer, for any member of the public until the handcuffs were securely on, whether Mr. Beaver wanted it or not," Beresh said. "I suggest that officer Olason did not commit the crime of assault and he was acting to protect himself, to protect you and to protect the public. I ask you to find him not guilty." He pointed the jury to testimony from the EMS paramedic who assessed Beaver minutes after the arrest. He gave evidence that his only injuries he found were a cut on the inside of Beaver's lip and "pinch marks" from the Taser darts on his back. "I would have expected some rash on the side of the face if the face came in contact with the brick or some injury consistent with the suggestion of kicking — nothing," Beresh said.

Former Edmonton police officer gives evidence in his own defence at excessive force trial
Former Edmonton police officer gives evidence in his own defence at excessive force trial

CBC

time09-05-2025

  • CBC

Former Edmonton police officer gives evidence in his own defence at excessive force trial

Social Sharing Former Edmonton police Const. Oli Olason told a jury that he kicked a man lying on the ground as a "distractionary technique" because he believed he needed to stop him from using bear spray. Olason took the stand in his own defence Thursday after three days of witnesses called by the Crown, including other police officers who were at the scene of an arrest four years ago that led to Olason being charged with assault. Turning to address the jury directly, Olason told them about moving to Ontario from Iceland with his family at a young age, and eventually working for the RCMP before joining the Edmonton Police Service in 2014. He told the court that he has now moved back to Iceland. Olason is accused of excessive force in the arrest of Lee Van Beaver just after midnight on March 23, 2021. Security footage recorded the incident in a Ritchie Market alley as Olason and his then-partner Const. Dan Fedechko confronted Beaver, who they said pointed a canister of bear spray at their unmarked police vehicle. WATCH | Video of arrest played in court: Video played in court shows arrest that led to assault charge against EPS officer 2 days ago Duration 5:29 This week, a jury watched security footage that shows Edmonton police officers arresting Lee Van Beaver on March 23, 2021. EPS Const. Oli Olason is on trial for assault, accused of excessive force during the arrest. Crown prosecutor Michelle Kai told the jury this week that Olason used excessive force by kicking, stomping and standing on Beaver's head. Olason denied Thursday that he stomped Beaver or stood with his full weight on his head. Olason said the night of the arrest, as soon as he got out of the EPS tactical truck he'd been driving, he yelled at Beaver to stop and get on the ground, and said he was under arrest. Defence lawyer Brian Beresh asked his client whether Beaver could have gotten rid of the bear spray and surrendered. "Absolutely. At any point I would have expected him to take it out and lay on the ground," Olason said. He added he didn't believe Beaver was complying as he "unexpectedly" removed his backpack, which Olason said wasn't part of the police instructions. "This was a pretty big escalation. This was what I would call a threat cue. Things were not adding up," Olason said. When Kai questioned Olason, she put to him that he never told Beaver to take out the bear spray or do anything with it. "If he had reached into his pocket when you were not telling him to do so, you would have taken that as a threat cue, correct?" Kai said. "It may have been a threat cue if there hadn't been any verbal warning," Olason responded. Olason says he feared bear spray was being used The jury heard that Beaver began getting on the ground, moving to what Olason described as a "push-up position" by the time he and Fedechko reached him in the alley. Olason testified that he put his foot between Beaver's shoulder blades to push him fully to the ground and stop potential access to the bear spray. The former officer told the court that he believed Beaver was resisting arrest, saying he had tucked his hands under his body as the smell of bear spray got stronger. "I am now pushing down in the fear, I believe, that he has the bear spray and is spraying it," Olason testified. "All I could see were his hands were underneath him. I yell at him, 'Show me your hands, show me your f–king hands,'" he said. Olason said his foot slid to the back of Beaver's head because Beaver was pushing against him and resisting. "I used a distractionary technique — with my left foot I do a kick. It's very measured in force, only as much force as I believe is necessary." Olason said Beaver's hands came out at that point, but the struggle to arrest him continued, with Fedechko moving Beaver's right arm behind his back as Olason put his foot on his left arm, telling the jury that he was trying to pull it away from his body. Sgt. Dustin Adsett arrived and used a Taser on Beaver, which Olason said didn't work, and Beaver began "thrashing" on the ground. Olason told the court he believed that was part of a fight to break free. The officers got Beaver in handcuffs shortly after. Prosecutor suggests officer 'went straight for' man's head Kai, the prosecutor, replayed several segments of the arrest video for Olason. She pointed out that he stayed in the alley until he escorted Beaver out in handcuffs even though he testified he was "terrified" of pepper spray, having experienced its effects in police training scenarios. "I put to you that you went straight for his head, you never stepped on his back," she told Olason. He told her that's incorrect, and "I stepped on his back, between his shoulder blades," turning around and demonstrating an area of his upper back to the jury. "His hands were going out and he drew them in to protect himself. I put to you that he retracted his hands to protect himself as you stepped on him," Kai said. "I do not agree," Olason responded. "It was a calculated amount of force." With the trial expected to conclude this week, the jury will potentially begin deliberations on Friday.

Edmonton police officers testify at trial for constable accused of excessive force
Edmonton police officers testify at trial for constable accused of excessive force

CBC

time08-05-2025

  • CBC

Edmonton police officers testify at trial for constable accused of excessive force

Social Sharing A jury is hearing from Edmonton police officers who were at the scene of a 2021 arrest that led to Const. Oli Olason being charged with assault. Olason is accused of excessive force in the arrest of 43-year-old Lee Van Beaver after police confronted him in the Ritchie Market area just after midnight on March 23, 2021. The Crown told the jury this week that Olason kicked, stomped and stood on Beaver's head, and the force he used wasn't reasonable. The officer has pleaded not guilty. Beaver testified at the trial on Monday, saying that he displayed a can of bear spray to "ward off" whoever was in a dark vehicle that he said passed him several times, making him nervous that he was about to be jumped or robbed. He said he didn't know it was actually an unmarked police vehicle, with Olason and his partner, Const. Dan Fedechko, inside. Both were members of the Edmonton Police Service tactical unit at the time. The jury watched security footage of the arrest in an alley several times this week as witnesses, including Fedechko, gave evidence. Fedechko testified that he and Olason stopped to arrest Beaver after seeing him point the bear spray toward their vehicle as they drove by. Security footage shows the two officers coming toward Beaver in an alley next to Transcend Coffee on 76th Avenue, with red and blue police lights flashing behind them. The jury heard that a third officer, Sgt. Jake Ludvig, is behind them in the video, holding an Arwen rubber bullet launcher. He testified that he and his EPS partner, Sgt. Dustin Adsett, were nearby when they heard a radio call about a man pointing a canister of bear spray, so they went to help. Fedechko identified himself in court as the officer in the video approaching Beaver with his gun drawn. He testified that he took it out because of the potential danger of a weapon like bear spray, which can be used from a distance. Fedechko said he thought Beaver would run, but Beaver followed his instructions to stop and get on the ground, moving to his hands and knees. The jury heard that when the officer reached Beaver, he put his foot on his back and pushed him flat, then put his gun back in the holster. He told the court that as he crouched over Beaver and pulled one of his arms behind his back to handcuff him, Olason was still on his feet. "I wasn't sure what he was doing. As I'm crouched down … in my periphery I can see Const. Olason's knees and hip area," Fedechko said. "I was confused. I wasn't sure why he wasn't kneeling beside me helping me scoop this man's arm up to put them in handcuffs." Fedechko told the court that he felt Beaver's weight shift, and he felt like he was losing his balance as he tried to retrieve his handcuffs. He testified that he thought Beaver was "struggling to not be arrested." Jury hears from more officers A fourth officer, Adsett, testified Wednesday that he rounded the corner into the alley with the arrest already underway. "The awkward angle I found the police officers with the subject, this was not a controlled arrest," he said. Adsett testified that he smelled bear spray in the air, the three officers were all yelling different directions at Beaver and it looked like his arm was underneath him. "Const. Fedechko's perched or awkward squat is not how we would typically try and handcuff someone," Adsett said. Crown prosecutor Michelle Kai asked him if there was "anything awkward" about Olason's position. "Well, he had his foot on the subject's head rather than being down with his partner," Adsett said. Kai asked if Adsett had ever seen an officer put their foot on someone's head in an arrest, and he said he hadn't. "I believed at the time that Const. Olason was pepper sprayed," he said. Adsett used a Taser on Beaver, saying he was trying to control the threat he believed he posed, and stop the other uses of force. Fedechko put Beaver's hands in handcuffs shortly after. Defence brings up police reports Defence lawyer Brian Beresh asked Fedechko about a report he wrote after the arrest where he classified Beaver as an "active resistor." "Instead of co-operating, getting his hands behind his back, this person was reaching toward the area you knew there was bear spray. … He was told, I suggest, to put his arms behind his back, but he did not," Beresh said. "No, he did not," Fedechko responded. The officer said after the arrest, he realized there was bear spray on his pant leg, and he had a minor chemical burn. He testified that he told another EPS officer at the time that he believed the bear spray canister discharged by accident while he was on top of Beaver, and that Beaver hadn't pulled it out. Beresh suggested that he didn't know for sure how the bear spray got there, "whether it was accidental or intentional," and Fedechko agreed he didn't know. The trial is scheduled to continue until Friday.

Edmonton man kicked, stomped during arrest despite complying with police, jury hears
Edmonton man kicked, stomped during arrest despite complying with police, jury hears

CBC

time06-05-2025

  • CBC

Edmonton man kicked, stomped during arrest despite complying with police, jury hears

A trial is underway for an Edmonton police officer accused of excessive force, with the Crown telling the jury that he kicked and stomped on a man who was lying face down on the ground during an arrest. Oli Olason was charged with assault in the incident, which was caught on surveillance video from a cafe in the Richie neighbourhood just after midnight on March 23, 2021. Standing in court next to his defence lawyer on Monday, when Olason was asked to enter a plea, he said, "I'm not guilty of this charge." Crown prosecutor Michelle Kai said the case is about whether the force Olason used is justifiable. She told the jury that video of the arrest shows Olason kick, stomp and stand on a man's head while he's on the ground. "Was it reasonable, was it proportionate, was it necessary? The Crown says it was not and will ask you to find Olason guilty." The jury heard that Olason was an Edmonton Police Service tactical unit member at the time of the arrest, and he was behind the wheel of an unmarked police SUV when he and his EPS partner encountered Lee Van Beaver, the man who ended up injured. Beaver gave evidence Monday, saying the night of the arrest, he was on his way to a friend's house in Ritchie. He planned to pick up a bike and ride it to his north-side home. He said he noticed a dark SUV with tinted windows drive past him several times, and he got "spooked," recalling how he'd been robbed in the same area several years earlier. The jury heard that Beaver took out a canister of bear spray from his front hoodie pocket and held it at his side, making sure the people in the vehicle could see it. "You don't want to get close to that stuff. I just pulled it out, made sure it was known that I had it," he said. As Beaver turned off 76th Avenue into an alley next to Transcend Coffee, he saw red and blue lights activate and realized that there were police in the SUV. 'I asked why I was being treated like this' Video played in court Monday showed Beaver turning around as he sees the police lights. He removes his backpack, puts his hands up and lowers himself to the ground, eventually getting down on all fours as three police officers advance toward him. "I very cautiously started to get down on the ground, and before I was fully down, one officer rushed up, kicked me in the face, and then [ground] his boot on the back of my head, even stood on it with both feet," Beaver said. "Another officer grabbed my arm; another officer tased me in the back. I asked why I was being treated like this even though I was being compliant for everything that was being told for me to do." The video shows a fourth officer arriving a few seconds later. The jury heard that officer, Const. Dustin Adsett, used a Taser on Beaver. Beaver said the bear spray stayed in his hoodie pocket the entire time, so "it hit the ground before I did," and he never tried to use it. But he told the court that one of the officers showed him a spot on his pant leg and accused Beaver of trying to spray him. Once Beaver was handcuffed, police discovered he had outstanding warrants, and took him into custody. Defence lawyer begins cross-examination The jury also watched some contentious exchanges between Beaver and Olason's lawyer, Brian Beresh, as he started his cross-examination. Beresh asked about discrepancies between what the video shows and how Beaver described his actions to a police officer shortly after his arrest. "My suggestion is you were not compliant," Beresh said. He described Beaver as a "man on the run" who wanted to avoid being arrested "at any cost," especially since he was carrying bear mace, which he knew was illegal. Beresh also suggested Beaver's story about what he was doing that night "doesn't add up," questioning him about a multi-tool, plastic knuckle dusters and methamphetamine that police found on him after his arrest. Beaver, who told the court he now works as a support care worker at an addictions treatment centre, said he has his own history with addiction. "I'm not on trial," Beaver said. "Yes, I might be a little confused about things because maybe there was trauma that went on that night. Am I the one on trial?" The case is expected to continue at the Edmonton courthouse all week.

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