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ASIRT clears Calgary officers in arrest of man who crashed stolen car into tree

CBC News | Posted: January 23, 2019 10:21 PM | Last Updated: January 23, 2019

Lacerations and fractures likely caused by crash, not use of force, says agency

Image | ASIRT generic 2

Caption: ASIRT investigates when police are involved in incidents that cause serious injury or death. (ASIRT)

The Alberta Serious Incident Response Team has cleared two Calgary police officers of wrongdoing during the arrest of a man who drove a stolen car into a tree.
ASIRT investigates whenever an incident involving Alberta police results in serious injury or death.
In this case, ASIRT determined injuries sustained by the driver of the stolen vehicle were most likely caused when he smashed his head into the steering wheel of the car during the collision.
The incident started on Dec. 31, 2016, when a stolen black Audi pulled up to a gas station at 1840 Ninth Ave. S.E. around 11 p.m.

Fleeing gas station

The 31-year-old male driver of the car and his passenger, a 28-year-old man, pre-paid for gas and bought some cigarettes. A 20-year-old woman remained in the back seat.
When they noticed a police car drive by, the trio took off, tires spinning, without filling the gas they had paid for.
"Unbeknownst to the occupants of the Audi, two Calgary Police Service officers, in an unmarked police vehicle with their in-car digital video camera engaged, observed these actions," reads a news release from ASIRT.
"The officers followed the Audi onto Ninth Ave. S.E. and accelerated up to 92 km/h in an attempt to catch up to the speeding vehicle."

Crash into tree

The Audi, travelling down snow-covered streets, went through a stop sign and crashed into a tree in the front yard of a home a short time after fleeing.
The woman in the back seat got out of the car immediately and raised her hands, while the other passenger remained in the car.
"As the officers, both uniformed, approached the Audi on foot with their handguns drawn, the driver quickly exited, took a few steps and fell into the snow," according to ASIRT.
According to ASIRT's account, which it says is backed up by video, the driver seemed dazed and unsteady on his feet. He appeared not to respond to commands from the officers, both of whom eventually holstered their guns.

Arrest details

One of the officers tried to put handcuffs on the driver, who was against the Audi, and "appeared to administer a knee strike to his hip and thigh."
"As the second officer began to move closer to assist, the first officer took the driver to the ground," reads the release.
"The second officer again holstered his handgun and produced his CEW, [or conducted energy weapon]. There was a struggle on the ground between the driver and the two officers."
At one point, a CEW struck the driver, who still had the barbs in his abdomen when he was examined by paramedics following the arrest.
ASIRT says the accounts from both the driver and the male passenger were "largely unreliable" when compared to video evidence.
The male passenger was out of it, says ASIRT, "apparently having overdosed on heroin that night." The driver admitted to consuming alcohol that night and doing cocaine and methamphetamine within 10 hours of the incident.

Injuries

When the driver was examined by paramedics, he had dried blood on his face and five serious lacerations to his head and face area that required 24 staples. His sinus and septum also had small fractures.
One of the officers advised the paramedics that "the man had driven his car into a tree, was non-compliant, was Tasered and continued to resist, which resulted in officers using punches and knee strikes to the head and body during the brief struggle," according to the release.
ASIRT said it was impossible to determine for certain how he sustained the injuries, but that "some of the lacerations and the minor fractures were likely the result of the collision."
It also said that the use of force during the arrest was reasonable.

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