Montsion's use of force in Abdi arrest was appropriate and reasonable, defence argues

Const. Daniel Montsion's use of force during the fatal arrest of Abdirahman Abdi was appropriate, reasonable and proportionate to the situation, argued his defence lawyer during closing arguments Monday.

Montsion has pleaded not guilty to charges of manslaughter, aggravated assault and assault with a weapon in Abdi's death on July 24, 2016.

Montsion punched the 37-year-old Somali-Canadian in the head several times during an arrest outside Abdi's apartment in Hintonburg, while wearing gloves with reinforced knuckles. 

'There is nothing gratuitous about his use of force'

Abdi suffered a heart attack and lost vital signs while lying handcuffed and was declared dead in hospital the next day.

Defence lawyer Solomon Friedman argued Montsion's strikes to Abdi thighs and head were not gratuitous but instead calibrated, "distractionary" blows that were delivered to restrain Abdi in accordance with his training. 

"Const. Montsion's use of force, your honour, is surgical in that it is directly responsive to the situation that's unfolding in front of him and it's designed to solve a specific problem – to distract Mr. Abdi to the point where he can be arrested safely," said Friedman during the video conference trial. 

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"What Const. ​​​​​Montsion was faced with at 55 Hilda was not a waiting game. It wasn't a lull. It wasn't a pause. It was a violent and dynamic situation."

Friedman contended that Montsion had a solid understanding of the situation he was called to assist with. Before arriving, radio dispatches relayed that Abdi was violent and that he had allegedly assaulted multiple women in and around a coffee shop.

Friedman said Montsion was also aware that Abdi had fled the scene and that Const. Dave Weir – who had pepper sprayed Abdi with no effect – was tired, out of breath and in need of assistance.
 
"Const. Weir was unable to subdue [Abdi]," said Friedman.

Friedman showed security footage from Abdi's apartment building to support his claim that Abdi was actively resisting arrest and that deescalation was impossible. 

"This clear indication from the CCTV video is that contrary to the Crown's submission which appears to be that Mr. Abdi is contained and passive at this time ... Const. Montsion does not walk into a scene with an individual who is contained or passive," he said.

"This is not a case where deescalation plays a role. Constable Montsion has a duty to act and he acted."

Closing arguments continue, via Zoom, Tuesday and Wednesday. Closing arguments were initially scheduled to be heard in April, but proceedings were interrupted by the COVID-19 pandemic.