(Copyright Edmonton Journal 2006)
EDMONTON – A judge has scolded two city police officers for using excessive force when they each fired a Taser at a suspect who had surrendered and was lying face-down on the ground in 2004.
Although other judges in recent cases tossed out charges against two teens who had also been needlessly shot with police Tasers, Court of Queen’s Bench Justice Sterling Sanderman ruled Tuesday that Hector Jara must still be punished for his crime.
Jara, 21, was on methamphetamine and driving a stolen car when he led police on a dangerous chase through north Edmonton. Sanderman convicted him on various charges and will sentence him in the new year.
“The public should not suffer for the irresponsible actions of police officers,” said Sanderman. “That doesn’t mean these officers should get away with this. Their conduct deserves negative comment.”
Const. Darryl Fox and Const. Ryan Sparreboom were among six officers who closed in on Jara following the high-speed chase about 1:30 a.m. on April 3, 2004.
During the 27-kilometre chase, Jara drove at speeds up to 100 km/ h, at times going the wrong way into oncoming traffic and through red lights in residential areas. He also turned off his headlights. The police Air-1 helicopter joined the pursuit.
Once the stolen car was stopped with spike belts near St. Albert Trail, Jara jumped out and ran. But he soon surrendered and dropped to the ground.
“He was completely at their mercy,” said Sanderman.
He said Const. Tom Bechtold first took a “cheap shot” by kicking Jara in the head. Though it was unprofessional conduct, it was not excessive force, said Sanderman. Another officer put his knee on Jara’s back, but Sanderman said that was an acceptable control technique to ensure Jara stayed flat on the ground. Fox and Sparreboom then fired their Tasers at Jara.
“It was not necessary at this time to deploy the Taser,” said Sanderman. “This subject had given himself up. There was no evidence whatsoever he had a weapon.”
Sanderman said Fox offered several excuses for using his Taser when he testified at Jara’s trial. Fox said Jara had refused to pull his arms out from under his stomach and could have been hiding a gun. Fox also testified Jara had put others at risk with his dangerous driving and almost ran over Fox himself, and therefore deserved to get jolted.
Sparreboom gave “no real acceptable rationale” for firing his Taser, said Sanderman. He described Sparreboom’s attitude as: “I have (a Taser). I’ll use it.”
Sparreboom also failed to include in his notes that he fired a Taser during his shift and didn’t fill out a required use-of-force form for the Taser.
Sanderman then blasted Const. Michael Wasylyshen for his attitude during Jara’s trial.
Wasylyshen, the son of a former police chief, had to previously defend himself in court for firing a Taser at a teenaged boy in 2002. Wasylyshen was not criminally charged or disciplined internally, though a judge condemned his actions.
While testifying at Jara’s trial, Wasylyshen said he had not read the judge’s comments in the 2002 case.
“How can he expect to learn from his mistakes?” asked Sanderman. “The arrogance he more than quietly displayed on the witness stand is disturbing. This arrogant posturing does little to enhance the reputation of the Edmonton Police Service.”
In March 2005, Jara filed a complaint with the police force about being shot with the two Tasers, said his defence lawyer Lisa Trach. A police spokesman was unable to comment Tuesday on how the complaint has been handled.
Jara also filed a $90,000 lawsuit earlier this year against Fox, Sparreboom and the police force for being “illegally assaulted.”
The suit further claims Fox sought “retribution” against Jara in the summer of 2005, after Jara filed his complaint with the force. Fox illegally searched Jara’s car, had it towed and overcharged him, said the suit.
None of the claims have been proven in court. The police force has not yet filed its statement of defence.
cpurdy@thejournal.canwest.com
Comments Off 
Entries (RSS)