OFFICER'S USE OF TASER 'AN ACT OF MISCONDUCT,' JUDGE SAYS

Drug Trafficking Charges Are Dismissed

A Toronto Emergency Task Force officer was found to have engaged in
"cruel and unusual punishment" when he discharged his Taser three
times into the back of a drug suspect while he was handcuffed, naked
and face down on the floor.

Ontario Superior Court Justice David Moseley Brown dismissed crack
cocaine trafficking charges against Andre Walcott because of the
conduct of police during a March 29, 2007, raid on an east end Toronto
rooming house.

The misuse of the Taser was "an egregious act of misconduct," Judge
Brown said in a ruling issued yesterday.

"A very serious violation of Mr. Walcott's Charter rights occurred,"
the judge said.

"Deploying a Taser on an arrested person after he is cuffed and under
control is not an acceptable use of the weapon by a police officer,"
he observed.

In the raid that led to the arrest of Mr. Walcott, several ETF
officers were executing a search warrant as part of a gun
investigation. Police found two small bags of crack cocaine. No
weapons were discovered and Mr. Walcott has not been previously
convicted of a gun offence.

The court heard that Mr. Walcott was engaged in sexual intercourse
with a woman when police burst into the room.

Two officers testified that instead of complying with their demands,
Mr. Walcott grabbed his genitals, flexed his muscles and started
walking toward police.

A few moments later, Mr. Walcott was hit with two "cycles" of the
Taser by one of the officers. Judge Brown found the initial use of the
Taser was justified because the conduct of Mr. Walcott could
"reasonably be interpreted" by the officers as "potentially aggressive
action."

Mr. Walcott was hit with the Tasers in the chest, stomach and on the
lower back and buttocks area. He did not suffer major injuries
although the woman testified that he was moaning and she heard the
officers laughing while the suspect was on the ground.

The second officer, Constable Michael Fonseca, testified that he fired
at the same time as his colleague, as a naked and unarmed Mr. Walcott
was walking toward them.

The judge noted the evidence revealed that Const. Fonseca's Taser
"probe attachments" hit Mr. Walcott in the lower back. Data chips from
the device disclosed that it was discharged three times, more than two
minutes after the one used by his colleague.

The explanations offered by Const. Fonseca were not accepted by Judge
Brown.