WARNING: This story contains video content some may find disturbing.
Three Vancouver police officers have all been acquitted of assault charges in connection with a 2017 arrest that left a suspect with multiple broken ribs.
Vancouver Police Department constables Brandon Blue and Beau Spencer and now-retired constable Gregory Jackson were all charged with assault in the May 24, 2017 arrest of a theft and obstruction suspect.
Judge Jay Solomon handed down his decision in Vancouver provincial court on Friday afternoon, finding that the officers had all acted reasonably in an attempt to bring the suspect under control and into handcuffs.
“I am satisfied that the knees and punches delivered by each accused are best characterized as distraction or compliance strikes intended to achieve a lawful purpose,” Solomon said.
“Unfortunately, in the course of the arrest the suspect did suffer multiple left lateral rib fractures and a collapsed lung; however, on the totality of the evidence before the court I find that none of the accused can be held criminally liable for that result.”
The trial heard evidence that the takedown at the Commercial-Broadway SkyTrain station left Cowie with four broken ribs — including two that were each fractured in two places — as well as the collapsed lung.
“It is certainly possible that a lesser amount of individual or collective force could have achieved the desired result of securing the suspect in handcuffs; however, that is not the applicable legal standard,” the judge said in his decision.
Solomon noted that before Blue, Spencer and Jackson arrived on the scene, Cowie had fled from fellow officer Const. Josh Wong and tossed his bike into Wong’s path as they entered the SkyTrain station, which may have been an attempt to injure him.
“This was not a casual or friendly interaction with a law-abiding member of the public,” the judge said.
Vancouver Police Union president Ralph Kaisers told reporters outside the court that he was pleased with the outcome of the trial, but unhappy with the Independent Investigations Office and prosecutors for bringing the case to this point.
“I’m very disappointed in the fact that the IIO in their investigation brought this forward to Crown counsel. I’m surprised that Crown counsel even approved charges and that we’ve found ourselves in court,” Kaisers said.
“We knew from day one they had done nothing wrong and there clearly was persecution against the members for being police officers doing their job.”
Judge rejects testimony about source of injuries
The trial heard that Wong was on foot as he chased Cowie into the SkyTrain station entrance on East 10th Avenue on the night of the arrest. Cowie carried his bike past the fare gates and then tossed it in front of the pursuing officer, but Wong managed to jump over the obstacle and bring the suspect to the ground.
In audio from police radio calls played for the court, Wong can be heard calling for backup, telling the dispatcher, “he’s fighting me.”
Blue was first to arrive on the scene, followed close behind by his partner, Spencer, and then Jackson.
Surveillance video taken at the Commercial-Broadway SkyTrain station on May 24, 2017, shows Vancouver police officers repeatedly punching and kneeing a theft suspect.
Surveillance video played for the judge showed the officers repeatedly kneeing and punching Cowie as he lay on the ground. Spencer admitted on the stand that at one point, he kneed Cowie three times and punched him three times within just six seconds.
Dr. Ross Berringer, an emergency physician who reviewed video of the arrest testified that Cowie’s injuries appeared to have been caused by the officers’ knees, and Spencer was most likely responsible.
But the judge said that after watching the video, he couldn’t accept Berringer’s evidence.
“I find that it is unlikely that the knee strikes of Const. Spencer connected to the chest of the suspect,” Solomon said.
The Crown contended that Cowie was nearly motionless while he was struck, but defence lawyers were ultimately successful in arguing that the suspect was resisting arrest and the three officers were following their training on use of force.
Neither Cowie nor Wong testified during the trial.
Spencer was previously investigated for his role in the 2015 death of Myles Gray, an unarmed man who was handcuffed, hobbled, punched, kneed, kicked, pepper-sprayed and struck with batons by several Vancouver officers.
Although the Independent Investigations Officer forwarded a report to Crown in the belief that some of the officers may have committed crimes, no charges were approved.
Spencer testified last year during a coroner’s inquest into Gray’s death, which led to a jury classifying the incident as a homicide.