Halifax police officer used reasonable force in hitting man, expert says

An expert on police use of force testified Friday the perception of a threat by a homeless man and the subsequent hit to the man's face was reasonable use of force by Const. Gary Basso. 

The 38-year-old officer is charged with assault causing bodily harm and mischief in an incident outside a shelter for homeless men last February. 

Kelly Keith, a police use-of-force trainer, was a witness for the defence in Halifax provincial court where the trial is being held.

He said the goal is to stop the threat and gain control when using force against a subject. He said determining if it's reasonable use of force depends on the situation and other factors. Keith agreed with the defence suggestion it's not a precise science.

Const. Basso has admitted to hitting Patrice Simard, a 55-year-old homeless man, in the face. He said Simard punched him first in the thigh and he was trying to stop Simard from reaching for his legs. 

'Spontaneous assault'

The claim that Simard hit Basso is a key point of contention. 

Keith, who reviewed the surveillance video from incident at Metro Turning Point, said the man's head was not the best target for the punch. However, in the limited time Basso had to react, "it didn't surprise me in the least."

He said if Const. Basso was hit, it was a "spontaneous assault" and the response time would be instantaneous.

Keith noted that Const. Basso testified he wasn't expecting to be hit by Simard. He also said he's never seen an officer punched in the leg, that the action is "not a standard takedown" and he doesn't train for that scenario.

Basso's version of events is key

He added that an officer's objective is to stay on his feet because getting into a fight on the ground is dangerous for an officer. 

But under cross examination, Keith said he was relying on Const. Basso's version of events to be true when he concluded that hitting Simard in the face was not excessive. 

Simard lay motionless on the ground for 10 seconds after he was punched. Keith said it didn't cross his mind to include that in his assessment.

Keith agreed with the Crown's suggestion that it was Const. Basso's choice to get out of his vehicle, and pick up Simard's backpack.

The Crown suggested this created the scenario of "officer-induced jeopardy."

But Keith disagreed that the officer created any danger by getting close to Simard and picking up his bag and perhaps, as the Crown contends, taunting him with bag.

The trial resumes in February. The defence said it plans to call at least one more witness.