 By GARY NYLANDER Supt. Bill McKinnon addresses the media at the Kelowna RCMP detachment Friday after a judge found Const. Chris Brinnen guilty of assault. |
Const. Christopher Brinnen was found guilty of assaulting Kyle Nelson after they exchanged words during the bar flush downtown in February 2010. Brinnen, a 14-year veteran, chased him into an alley and over a fence before he clobbered him in the eye.
"I find Brinnen operated too fast and went too far," said Judge Meg Shaw. "Brinnen applied force in circumstances that cannot be justified.
"I find the force . . . excessive."
Sentencing was delayed until April.
Nelson, 25, was working Friday and unable to attend the decision. His mother, Heather Nelson, called him right away. He was "ecstatic," she said.
"He said 'All right! No way!' He was pretty excited," she said. "Kyle thinks (Brinnen) should be fired."
Kelowna Supt. Bill McKinnon announced Friday he has assigned Brinnen to desk duty until an RCMP adjudication board decides how to discipline him. Brinnen, one of the few dog masters in Kelowna, will not respond to any calls in the meantime.
"I and our organization have to do a full assessment of where we go at this point," McKinnon said. "While this behaviour by one of my constables is very disappointing, it is a clear sign that we are also held to account by the court system."
The verdict is the latest blow to a detachment already tarnished by allegations of excessive force.
Const. Steve Conlon was found guilty of punching a pregnant woman in the face in 2009. He received a conditional sentence.
Const. Geoff Mantler faces two trials for assault causing bodily harm. One involved Buddy Tavares, who was filmed as Mantler kicked him in the head in January 2011.
McKinnon denied there's a systemic problem of officers breaking the law in Kelowna.
"We're dealing with people in desperate moments and are asked to make decisions. Sometimes, mistakes are made," he said.
Nelson was leaving Gotcha nightclub with friends as more than 100 people spilled onto Leon Avenue after 2 a.m. Brinnen sat in an SUV next to three Mounties on foot nearby.
Nelson yelled something derogatory about police - officers said it was profane - and Brinnen gave him the finger. He testified it was his way of telling Nelson to go home. The judge found that "incredulous."
"Brinnen stated giving the finger to someone is not part of his training," Shaw said. "Brinnen made . . . an unfortunate, unprofessional, impulsive response."
When Nelson returned the obscene gesture, Brinnen "increased the volatility of the situation" by driving his vehicle over to the group and getting out. Nelson sprinted down the sidewalk.
He appeared intoxicated and may have continued causing a disturbance, Brinnen said, so he drove after him - a decision Shaw said was wrong.
"Brinnen failed to consider all reasonable options open to him."
He followed Nelson as he ducked into a nearby alley and pulled up alongside him. Brinnen, six foot six and 260 pounds, jumped out and yelled at him to stop running, he testified. Instead, Nelson ran behind the vehicle and climbed a chain-link fence.
The police dog broke out of its kennel in the SUV and went after Nelson. Brinnen ordered the dog to stop and climbed the fence. He said Nelson jumped down and fell on his hands on his knees.
Nelson testified he got to a second fence but stopped when he realized Brinnen was over the first fence. He said he put his hands in the air, faced Brinnen, and said "I'm not going anywhere."
Brinnen took four steps toward him and punched him in the left eye, Nelson said. He put Nelson in a headlock and dragged him to the first fence, prompting Nelson to ask, "What are you doing? You're a cop," Nelson said.
As Brinnen pinned him down with his knee, he accused Nelson of being drunk or on drugs, which Nelson denied. Brinnen then told him to "get the . . . out of here," he said. Nelson climbed the fence and found his friends. His girlfriend had been arrested for touching an officer's chest, but was later released.
Nelson had a shiner, scrapes on his hip and wounds on his hands.
Brinnen testified he was right behind Nelson between the fences and Nelson stopped. As Nelson raised his arms, his palms were closed, he said. Brinnen took that as a threat and struck him for his own safety.
Brinnen testified he told Nelson he was under arrest, which Nelson denies. Brinnen admitted he didn't read Nelson his rights, write down Nelson's name or make any notes.
There's no evidence Nelson caused a disturbance beyond the noise of the crowd, Shaw said. Brinnen lacked the grounds to arrest Nelson, and Shaw ruled he didn't place Nelson under lawful arrest. She called Brinnen's evidence that he made the arrest "unreliable" and rejected his reason for punching him.
"There is no evidence that Nelson assumed an assaultive stance, lunged or struck at Brinnen."
Brinnen appeared crestfallen by the decision. His sentencing is tentatively set for April 24.
