(Copyright Edmonton Journal 2006)
‘I did not want to hurt the accused. I just wanted to gain his compliance’
EDMONTON – A city police officer testified at trial that he had no option other than to use a Taser on a teenager when the boy became defensive during a strip search in a holding cell.
“He came at me,” Const. Todd Hudec testified Tuesday in provincial court.
“I did not want to hurt the accused. I just wanted to gain his compliance.”
He said the 15-year-old boy, arrested for a break-in on Dec. 24, 2003, had complied with taking off his shirt and shoes but took on an “aggressive stance” when told to take off his pants.
Hudec said he pinned the teen against a wall, then put the Taser to his hip for less than a second. The boy started crying and became co-operative again.
Hudec was charged in February with assault with a weapon for zapping the teen, but that case has yet to go to trial.
He testified Tuesday in the trial of the youth, charged with the break-in and several weapons offences.
It’s the second trial on the same charges for the boy, who cannot be identified under the Youth Criminal Justice Act.
In 2004, Judge Don Buchanan ruled Hudec used an “unreasonable amount of force” that was “completely uncalled for.” But he said the teen was still guilty of the charges and sentenced him to 12 months probation.
The Court of Appeal ordered a new trial last fall.
The boy, now 17, is scheduled to testify at his trial today.
The teen has admitted to breaking into a north side home with a friend; the boys were caught after being tracked by a police dog.
His defence lawyer, Laurie Wood, is arguing the case should be dismissed because his rights under the Charter of Rights and Freedoms were violated.
Hudec said he patted down the teen after the arrest and found a large knife strapped to his chest and two smaller knives in his back pocket.
Hudec then placed him in the back of a cruiser.
On the way to the north division station, Hudec said he discovered the boy had no criminal record and gave him a lecture.
“He’s a young kid that could have a really good life, and he’s breaking into houses on Christmas Eve,” Hudec testified.
He said he told the boy if he continued committing crimes, he might be bit by a police dog or shot with a Taser someday.
Under cross-examination, Hudec said he may have pulled out the Taser in the car to make his point and he has lectured other youth in the same manner.
The officer, who was six inches taller and at least 80 pounds heavier than the teen at the time, said he felt he needed to use the Taser even though he had the youth pinned against the wall.
Hudec was unable to explain why the Taser’s log showed it deployed twice within 19 seconds that day.
He also didn’t report firing the Taser to his superiors.
“It wasn’t a really big deal,” he said.
cpurdy@thejournal.canwest.com
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