MISCHIEF OFFENCE

R v A.T.

Result: Charges Withdrawn. No Criminal Record

A police officer pulled A.T. over for failing to yield to a pedestrian outside of the Calgary Courthouse. Rather that speak with A.T. in a respectful manner, the officer escalated the situation by telling A.T. that he was being given an $800 ticket to “educate him”. A.T., who had been polite and respectful to this point, became very angry and yelled at the cop for several seconds. After calming down, A.T. began to walk back to his vehicle but was stopped by the policed officer and told he was under arrest of disturbing the peace. A.T. pulled away from the officer’s grasp who then threw A.T. to the ground. After a brief skirmish, all of which was captured on body worn camera, A.T. was placed in the back of the police vehicle bleeding and unable to catch his breath due to a medical condition. After being transported to the police station, the arresting officer continued to be aggressive and repeatedly caused A.T. harm by twisting his arms, pushing him to the ground and making him lay on the frozen concrete.

A.T. was charged with assaulting a police officer, mischief and causing a disturbance. After reviewing the video of the incident, Cory was able to convince the Crown Prosecutor to withdraw all charges including the traffic ticket based on the police officer’s conduct. This was a great outcome for the client and saved him the stress and cost of having to go to trial.