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News (Media Awareness Project) - CN BC: Officer Kicked Victim's Head Around 'like A Soccer Ball'
Title:CN BC: Officer Kicked Victim's Head Around 'like A Soccer Ball'
Published On:2004-01-29
Source:Vancouver Sun (CN BC)
Fetched On:2008-08-23 14:06:10
OFFICER KICKED VICTIM'S HEAD AROUND 'LIKE A SOCCER BALL'

Constable Describes Meeting To Plan Coverup

The story told by the Vancouver police officer who blew the whistle on
six fellow officers involved in last year's Stanley Park beatings is a
far more violent account than has been heard before.

Rookie Constable Troy Peters' description of the assaults and their
aftermath was made public Wednesday for the first time.

It includes a description of one of the victim's heads being kicked
around like "a soccer ball" and another screaming in pain as blows
rained down on him.

Peters also described a meeting at police headquarters at which the
six officers planned their coverup.

Vancouver police chief Jamie Graham fired two of the six officers
Wednesday and suspended four others without pay.

Peters was interviewed extensively by investigators and Crown
prosecutors about the events of Jan. 14, 2003.

But he never testified in open court because the six officers decided
to plead guilty in November.

As part of that plea arrangement, the Crown prosecutor dropped charges
of obstruction of justice and, along with defence lawyers, came to an
agreed "statement of facts" -- a clinical description of the assault
that provincial court Judge Herb Weitzel used to determine sentencing.

In deciding how the six officers should be punished, Weitzel never
heard what Peters had to say.

But Graham did.

Over two days of disciplinary hearings, Graham relied on a written
statement Peters provided to internal affairs and three taped
interviews Peters had with Crown prosecutors.

Several details from those statements -- never before made public --
are included in Graham's written disciplinary decision against the
three officers.

While lawyers for the six officers involved in the assault urged
Graham to give Peters' evidence little weight, Graham wrote in his
ruling that he found the rookie's "observations overall to be
compelling and reliable."

The three assault victims -- Barry Lawrie, Jason Desjardins and Grant
Wilson -- have more than 100 criminal convictions between them and
were picked up on the Granville Mall in a police wagon and taken to
Stanley Park.

A woman, Shannon Pritchard, was also picked up on Granville but was
released before the officers reached Stanley Park.

According to his statements, Peters was sitting on the hood of his
police car for most of the attacks, along with Constable James Kenney.

Kenney did not participate directly in any of the assaults.

Peters' statements suggest that threats were made even before the
officers got to Stanley Park -- with Constable Gabriel Kojima telling
Wilson he was going to "kick the shit out of him".

When the officers got to Stanley Park, Lawrie was the first one out of
the police wagon.

Peters said that Kojima called Lawrie "scum," while Constable Raymond
Gardner called him a "piece of s...."

Then the five officers began punching him.

Kojima then told Lawrie to "get lost" and Lawrie walked away "with a
limp," Peters told investigators.

At this point, Peters said, Gardner asked him if he was "all right
with this" and that if he "needed to go sit in the [police] car" that
no one would take offence.

Peters kept watching.

The next person out of the wagon was Desjardins.

Peters said that Kojima shone his flashlight in Desjardins' face and
then the rest of the officers began hitting him.

"He fell to the ground after numerous strikes," Peters told Crown
prosecutor Rob Gourlay. "[Desjardins] was continually yelling and
looked to be grimacing in ... pain."

Kojima then began kicking Desjardins in the head, Peters
said.

"I remember him kind of... kicking his head around similar to what a
young kid would do with a soccer ball in between his feet," Peters
told Gourlay.

Desjardins lay on the ground for about 10 to 15 seconds, Peters said,
then he left, holding his torso and walking with a limp.

At this point, Peters said, Kenney approached him and said "maybe I
should take a walk, because, uh, this one is going to be the ugliest
of the three."

In his interview with Gourlay, Peters said that by this point, the
officers were "getting more intense ... getting agitated ... up on the
balls of their feet."

As the officers began hitting Wilson, Peters said he "just kind of
looked the other way and listened to the screams."

Peters said he could hear Constable Brandon Steele yelling at Wilson: "Who
owns Granville Street, who owns Granville Street and just kind of
screaming."

Peters said Wilson walked away holding his torso.

On the way back to police headquarters, Peters said Kojima told him:
"That was the s... you signed up for."

"[I] can't say that was verbatim, but that was the gist of what he
said," Peters told Gourlay. "I just didn't react to it. I just kind of
kept on walking and didn't really try to dignify it with an answer."

On the ride away from Stanley Park, Peters said, Kenney apologized to
him for putting him in a difficult position. Peters said he told
Kenney that he wasn't happy about it.

Shortly after the assault, Peters said, Kenney suggested that all the
officers meet for a "debriefing."

Peters' recollection of that meeting is described in Graham's
report.

"Each participant had a chance to speak, with Constable Kenney going
first, apologizing to Constables Peters and Cronmiller for having put
them in 'that position,'" the report states. "Constable Kenney
suggested that this incident should not be talked about with others,
that it should stay in-house. There was also some talk that this
incident could be detrimental to people's careers and there could be
repercussions."

The statement of agreed facts provided to Judge Weitzel mentions a
"debriefing" meeting, but does not describe what was discussed.

Murray Mollard, executive director of the B.C. Civil Liberties
Association, praised Graham for making his disciplinary decision
public -- something Mollard called "unprecedented."

But he said Peters' statement makes it clear that the evidence against
the six officers is far more damaging than was ever heard in court.

"They're much more serious ... than what was agreed to in the
statement of facts in the criminal matter," he said. "There are
suggestions of premeditation. The beatings were physically brutal. ...
These were true beatings, not merely shoves and being pushed around."

Although Weitzel never got to hear Peters' evidence, the simple fact
that he blew the whistle earned the officer special mention in his
judgment.

"In this whole sordid set of circumstances," the judge wrote, "he is
the one bright light who, despite his inexperience, knew the true
nature of policing, and recognized when the very police who are
expected to investigate and apprehend criminals, became themselves
criminals by virtue of their behaviour."
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