WHAT MOUNTIES FOUND; WHAT VPD SAID

Two Sharply Different Views On Allegations In Pivot Affidavits

Case 1

Pivot Affidavit:

(Complainant a law student and witness to alleged abuses re:
Woodward's Squat).

Watched police and garbage collectors throw away belongings of
homeless squatters. Describes police actions as "callous and brutal."

RCMP FINDING

"Substantiated -- Referred to Police Board. "

VPD FINDING:

Service and policy (issue). Mass arrests. Forewarning given. Policy
issues re: Charter clarified.

Case 2

Pivot Affidavit:

(Complainant a passenger in a stolen car).

"I saw the officer lift his foot back to kick me. I could see he was
aiming to kick me in the head, so I twisted my body to the left.

"His kick connected with my right ribs. I could not speak or protest
because of the pain. He immediately went to my other side and kicked
my left ribs.

". . . I told the police officers that had arrested me that they had
to call an ambulance because I could not breathe and I thought they
had punctured my lungs."

RCMP FINDING:

"Substantiated. (Complainant) arrested as passenger in stolen car.
While on ground during handcuffing, was assaulted, was denied medical
help in cells."

VPD FINDING:

"Unsubstantiated. Mgr. Advice 1 Sgt. Duty Report. Force used during
the arrest and detention of COM was justified."

Case 3

Pivot Affidavit:

". . . he wound up, and gave me a huge kick in my right shin. I
collapsed, I was shocked and it hurt enormously.

"(Officer) said, 'You're not hurt.' I said, 'Jesus, of course I'm
f------ hurt man!' I kept quiet for a bit, to deal with the pain and
to make sure he wasn't going to hurt me anymore.

"He said, 'If I ever catch you with a rig again, I'm going to hurt you
worse.'"

RCMP Finding:

"Assault substantiated, corroborated by medical evidence & complaint
to doctor."

VPD Finding:

"Unsubstantiated. Credibility of witness big issue. Some delay in
obtaining officer's version of events. Officer(s) denied kicking
subject, no independent witnesses. (Complainant) has numerous police
contacts."

Case 4

Pivot Affidavit:

(Complainant in car with friend who was searched and
released).

"Officer . . . turned on the laser aiming device on the Taser and
pointed it at my chest. I looked down, and could see the red dot just
over my heart. He said, 'Do you want to know how this feels?' I said
no, I didn't want to know."

RCMP Finding:

"Substantiated."

VPD Finding:

"No independent witnesses or evidence. (Complainant's) knowledge of
Taser explained by officer."

Case 5

Pivot Affidavit:

(Complainant passenger in stolen car).

"The police came up to us. The one on the left walked up to . . . and
kicked him in the balls.

"They started kicking and punching me, yelling, 'Get down, get down!'
and I fell to the ground into a puddle. They rained punches and kicks
on us.

"I said, 'You got us, please stop!' They didn't stop, but just kept on
kicking and punching."

RCMP FINDING:

"Substantiated. Cst. Assault suggested others party to being
Discipline Default."

VPD FINDING:

"Unsubstantiated. Heavy reliance by the RCMP on the unsubstantiated
statements from two career criminals . . . many inconsistencies. . .
force used justified in circumstances."

Case 6

Pivot Affidavit:

(Complainant intervenes where two undercover officers are questioning
three teenage boys)

"I told (the boys) that they had to know their rights, and they don't
have to show their identification if they were not being charged with
anything. The officers jumped from their cruiser . . . (t)hey insisted
that I was trying to sell drugs. The . . . officer continued to check
my bag, and began to make comments about me not liking the police.

"He then told me not to call the police again if I ever needed
them."

RCMP FINDING:

"Substantiated. (Complainant) suspected of offering drugs to 3 teens.
Searched backpack only without grounds. Boys deny being offered drugs.
Questionable search and detention."

VPD FINDING:

"Unsubstantiated. 2 officers given Mgr. Advice for insufficient
documentation."

Case 7

Pivot Affidavit:

(Complainant member of street- alley patrol program).

"The guy resisted a little bit, stiffening his body. The officer
started punching him in the head, using his knee to knee him in the
side.

". . . kneed him in the head a few times."

RCMP FINDING:

"Substantiated. (Complainant) felt excessive force
used."

VPD FINDING:

"Unsubstantiated; Mgr. Advice 1 Cst. Duty Report. Lengthy invest.
revealed possible victim who adamantly wanted nothing to do with
process . . . many discrepancies between witnesses' versions."

Case 8

Pivot Affidavit:

(Complainant admits to being a crack smoker, not having
identification).

"They put me in handcuffs. They searched me. They cut my belt with a
knife, took my shoes off, and cut my shoelaces with their knife.

"A paddy wagon came about 20 or 30 minutes later, and they put me in
it. They told me that they didn't want to see me around anymore, or
next time they would send me even farther away."

(Complainant is "breached" from Dunsmuir , but returns).

"They put handcuffs on me, and then they all started punching me. They
forced me onto my knees, and then they shoved me face first onto the
ground.

"They punched and kicked me in my head, and in my ribs . . . then one
of them grabbed the hair on the back of my head, and slammed my face
onto the ground. I passed out."

RCMP FINDING:

"Substantiated -- Abuse of Authority."

VPD FINDING:

"Unsubstantiated. Mgr. Advice to 3 Csts. and to 1 Sgt. for lack of
documentation of Breach of Peace.

"Questionable use of the 'breaching' provisions against (complainant),
a long-time drug trafficker/user.

"Sgt. and three Csts. given mgr. advice. Officers adamant in deny
cutting belt of clothing off (complainant)."