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Calgary Cop Aquitted Of Assaulting Hell's Angel
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Greg Carr
Dec 20, 2017, 8:27:11 PM12/20/17
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Force used by a city police officer to arrest a Hells Angels member
wasn’t assault, a Calgary judge ruled Tuesday.
In acquitting Const. Brand Derrick of assaulting a handcuffed Jason
Arkinstall on Aug. 31, 2008, Provincial Court Judge Josh Hawkes said
video evidence of the arrest, in which the officer smacked the suspect
in the head after the burly biker pushed back, and then forced him
into a police van, failed to meet the standard of excessive force.
“I find the palm strike was a reasonable, proportional and necessary
use of force to gain the compliance of Mr. Arkinstall,” said Hawkes.
He said the violent behaviour of Arkinstall throughout the encounter
also casts reasonable doubt on Derrick’s guilt and raised the prospect
the officer was defending himself.
During the trial, it was alleged Arkinstall threatened to kill Derrick
during the arrest, though the Crown argued he did nothing to indicate
he would carry through with it.
“I accept the accused’s perception to be in a dangerous situation at
the time,” said Hawkes.
Derrick turned and smiled at others in the courtroom after the verdict
was announced.
The visual limitations of the video shot by a guest at a nearby hotel
also couldn’t prove Derrick maliciously slammed a cage door on
Arkinstall’s legs or feet after he’d been placed in a police van, said
the judge.
“There are some things that simply can’t be resolved. The video is
inconclusive,” said Hawke.
The arrest occurred during a downtown Calgary traffic stop.
Hawkes said airing the video as testimony in the trial was vital in
ensuring transparency in a matter whose importance went beyond the
case itself.
“It is not just the accused on trial, it is very much the system that
is on trial and the rule of law,” he told court, adding that despite
his dubious past, Arkinstall is deserving of the court’s full
consideration.
“The fact he is a member of the Hells Angels and the fact he has a
record of criminal violence … is not admitted for any insinuation that
Mr. Arkinstall is any less deserving of the protection of the law.”
But he said Arkinstall’s failure to provide any real evidence in the
case and the fact he didn’t appear injured as a result of police
action that day was also crucial.
All that was left, he said, was the video that fell short of
convicting the police officer.
Afterwards, Derrick’s lawyer, Don MacLeod, said the verdict has been a
long time coming for his client.
“It’s been a very long, public and stressful road for my client, and
it comes as a great relief for him,” he said.
===================================================================
9 years to get justice what a long time.
-------------------------------------------------------------------------------------------------------------------------------------
OK so there are two separate cases in Europe involving Canadian
members of the Hells Angels that we are following. One is the 300 kilo
of cocaine bust in Spain where two full patch members were arrested
along with two associates from Haney and Mission City chapters. The
other case involves the three full patch members from Edmonton and Red
Deer that were charged with beating a guy in Greece to death because
they were sitting on his motorcycle and he asked if he could have it
back so he could leave. It was deplorable.
One of my blog readers also reads Kim Bolan's blog. He claims that
someone commented on Kim Bolan's blog claiming that the Canadian Hells
Angels charged in the Spanish cocaine bust are back in Canada already.
Kim then confirmed that they are indeed back and cited a Spanish news
report which stated:
"The Audiencia Nacional (AN ) imposed four years and seven months in
prison on Chad John Wilson, Jason Cyrus Arkinstall, Scott Ryan Smitna
and Michael John Drybourgh – four Hells Angels and Canadian citizens
arrested in August 2013 in Galicia, when they moved to pick up a
shipment of 300 kilos of cocaine. In addition to establishing a fine
estimated at 5,250,000 euros, the decision specifies that no convicted
would serve their sentences in prison, but they will be expelled from
Spain and may not return for a period of seven years."
They were convicted of smuggling 300 kilos of cocaine but didn't have
to serve their time, instead they were kicked out of Spain and banned
from returning for seven years. That is absolutely bizarre. Let's hope
Greece does a better job for murder.
https://gangstersout.blogspot.ca/2015/08/canadian-hells-angels-convicted-in.html
Arkinstall wasn’t in the courtroom Tuesday.
BKau...@postmedia.com
on Twitter: @BillKaufmannjrn
---
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wasn’t assault, a Calgary judge ruled Tuesday.
In acquitting Const. Brand Derrick of assaulting a handcuffed Jason
Arkinstall on Aug. 31, 2008, Provincial Court Judge Josh Hawkes said
video evidence of the arrest, in which the officer smacked the suspect
in the head after the burly biker pushed back, and then forced him
into a police van, failed to meet the standard of excessive force.
“I find the palm strike was a reasonable, proportional and necessary
use of force to gain the compliance of Mr. Arkinstall,” said Hawkes.
He said the violent behaviour of Arkinstall throughout the encounter
also casts reasonable doubt on Derrick’s guilt and raised the prospect
the officer was defending himself.
During the trial, it was alleged Arkinstall threatened to kill Derrick
during the arrest, though the Crown argued he did nothing to indicate
he would carry through with it.
“I accept the accused’s perception to be in a dangerous situation at
the time,” said Hawkes.
Derrick turned and smiled at others in the courtroom after the verdict
was announced.
The visual limitations of the video shot by a guest at a nearby hotel
also couldn’t prove Derrick maliciously slammed a cage door on
Arkinstall’s legs or feet after he’d been placed in a police van, said
the judge.
“There are some things that simply can’t be resolved. The video is
inconclusive,” said Hawke.
The arrest occurred during a downtown Calgary traffic stop.
Hawkes said airing the video as testimony in the trial was vital in
ensuring transparency in a matter whose importance went beyond the
case itself.
“It is not just the accused on trial, it is very much the system that
is on trial and the rule of law,” he told court, adding that despite
his dubious past, Arkinstall is deserving of the court’s full
consideration.
“The fact he is a member of the Hells Angels and the fact he has a
record of criminal violence … is not admitted for any insinuation that
Mr. Arkinstall is any less deserving of the protection of the law.”
But he said Arkinstall’s failure to provide any real evidence in the
case and the fact he didn’t appear injured as a result of police
action that day was also crucial.
All that was left, he said, was the video that fell short of
convicting the police officer.
Afterwards, Derrick’s lawyer, Don MacLeod, said the verdict has been a
long time coming for his client.
“It’s been a very long, public and stressful road for my client, and
it comes as a great relief for him,” he said.
===================================================================
9 years to get justice what a long time.
-------------------------------------------------------------------------------------------------------------------------------------
OK so there are two separate cases in Europe involving Canadian
members of the Hells Angels that we are following. One is the 300 kilo
of cocaine bust in Spain where two full patch members were arrested
along with two associates from Haney and Mission City chapters. The
other case involves the three full patch members from Edmonton and Red
Deer that were charged with beating a guy in Greece to death because
they were sitting on his motorcycle and he asked if he could have it
back so he could leave. It was deplorable.
One of my blog readers also reads Kim Bolan's blog. He claims that
someone commented on Kim Bolan's blog claiming that the Canadian Hells
Angels charged in the Spanish cocaine bust are back in Canada already.
Kim then confirmed that they are indeed back and cited a Spanish news
report which stated:
"The Audiencia Nacional (AN ) imposed four years and seven months in
prison on Chad John Wilson, Jason Cyrus Arkinstall, Scott Ryan Smitna
and Michael John Drybourgh – four Hells Angels and Canadian citizens
arrested in August 2013 in Galicia, when they moved to pick up a
shipment of 300 kilos of cocaine. In addition to establishing a fine
estimated at 5,250,000 euros, the decision specifies that no convicted
would serve their sentences in prison, but they will be expelled from
Spain and may not return for a period of seven years."
They were convicted of smuggling 300 kilos of cocaine but didn't have
to serve their time, instead they were kicked out of Spain and banned
from returning for seven years. That is absolutely bizarre. Let's hope
Greece does a better job for murder.
https://gangstersout.blogspot.ca/2015/08/canadian-hells-angels-convicted-in.html
Arkinstall wasn’t in the courtroom Tuesday.
BKau...@postmedia.com
on Twitter: @BillKaufmannjrn
---
This email has been checked for viruses by AVG.
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