No charges laid following IIU probe into alleged assault involving BPS officer

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This article was published 04/07/2016 (3760 days ago), so information in it may no longer be current.

A Brandon Police Service officer’s conduct following an alleged assault in March has been deemed “uncalled for” and “unjustified,” but no criminal charges will be laid, according to the Independent Investigation Unit of Manitoba.

Prior to the incident, the woman initially contacted police to report a series of alleged assaults that happened between March 12 and March 15 by her domestic partner. Police visited the apartment block where she lived to investigate the allegations, but during their meeting, on March 16, the woman alleged that the officer assaulted her.

She then complained about the conduct of the attending officer and although there were no serious injuries the IIU’s civilian director deemed the incident to be in the public interest. The IIU was formally notified of the incident the following day by Brandon Police Service on March 17.

The report notes discrepancies between the officer’s prepared statement and woman’s interview that have been magnified by the surveillance video, according to civilian director Zane Tessler, who has produced a seven-page report about the incident.

During their probe, investigators received a CD containing the Brandon police’s file material and a flash drive containing the video, which had been copied from the security camera at woman’s apartment building that captured the encounter, but no sound was recorded. Three people were also interviewed by IIU investigators.

The officer involved in the incident declined an opportunity to meet with investigators for an interview or voluntarily provide them with a copy of his notes, according to the report. However, the officer, through his counsel, advised that he would be submitting a prepared statement for review. The IIU said they later received a photocopy of an undated, typed, two-page statement purported to be signed by the officer.

“The public interest expects peace officers to exercise constraint and control over their emotions and maintain an air of professionalism at all times, particularly in dealing with purported victims of crime,” Tessler writes.

He concludes his report by encouraging the woman to pursue her complaint against the officer in other forums. BPS may also wish to review IIU’s investigation and determine whether any further internal actions into the referenced conduct are warranted. Police released a statement shortly before 2:30 p.m.

“We respect the independence of the IIU, their investigative process, and the conclusion made respecting this investigation. Matters of this nature are taken very seriously by the Brandon Police Service. As noted in their release, there are other avenues for the complainant to pursue, should she wish to do so. As always, the Police Service will completely cooperate with any further investigations by any other recognized agency. Any internal investigations and possible resulting action are an employer–employee matter and the Police Service will not release any further information concerning this,” read the statement.