Man fined for kicking at officers while on meth

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This article was published 17/10/2019 (2210 days ago), so information in it may no longer be current.

A man who tried to kick police officers while under the influence of methamphetamine was handed a fine on Tuesday.

Joseph Banman, 39, pleaded guilty in Brandon provincial court to resisting a peace officer on May 17.

Police received a call from a guest staying at the Colonial Inn, who advised he was in his room and could hear a man swearing and yelling at the front desk staff, Crown attorney Kaley Tschetter said.

Officers arrived on scene and employees said the man had fled prior to their arrival, but that he was carrying a suitcase, a bag and a binder.

The description matched that of a man police had passed on 18th Street while driving to the hotel, Tschetter said, so they went back outside to see if they could find him.

What they found was the man running back toward the Colonial Inn waving his arms in the air, Tschetter said.

The man, who was later identified as Banman, started yelling at police about staff stealing his cellphone and overcharging him for the room, Tschetter said, growing increasingly more agitated and erratic.

At one point, Banman threw himself to the ground and ripped open his suitcase, pulling out various items — including a spent needle — and placing them on the concrete in the parking lot, Tschetter said.

When police asked Banman about the needle, he told them he didn’t know what was in it and it hadn’t been used.

Due to his behaviour, police decided Banman should be arrested for breaching the peace, Tschetter said, and advised him that he would be able to get some help but they would be arresting him first.

While officers reached to place Banman under arrest, he pulled away, rolling onto his upper back and kicking straight upward toward one of the officer’s face, Tschetter said, narrowly missing.

Banman continually tried kicking police, so the officers told him they would tase him if he didn’t comply.

He continued struggling, Tschetter said, and officers needed to tase him twice before they were able to put him in restraints.

Banman was placed in the back of the police cruiser, where he continued acting highly erratic, standing up on the back seat and yelling for help before banging his head against the cage.

“It’s extremely concerning and strange behaviour that we’re seeing from Mr. Banman. Police initially were just trying to find out what was going on and make sure Mr. Banman wasn’t going to continue being a problem with the hotel and things just escalated from there. Had he simply co-operated, there would have been no further issue. However, Mr. Banman decided to make things as difficult as possible,” Tschetter said. “Luckily … he did not injure any police officers. He just resisted and attempted to kick them but was unsuccessful.”

Defence lawyer Ryan Fawcett said Banman had consumed methamphetamine on the day of the incident and had struggled with substance abuse for some time.

Banman has since made efforts in his sobriety, Fawcett added.

Taking into consideration Banman is on an existing probation order for the next 10 months, Judge John Combs handed him a $400 fine.

“It’s not a defence to … most criminal charges when you voluntarily consume something that makes you intoxicated,” Combs said. “You probably have enough of a relationship with methamphetamine that you’ve noticed that you’re capable of conduct that’s pretty disturbing when you’ve used that substance. I hope that’s enough incentive for you to really follow through and not use that substance again.”

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