Several witnesses say police "deliberately drove over" young motorcyclist at high rate of speed.
See related link: Some believe Private Prosecution of Police is last resort for a return of justice.
First posted: Tuesday, May 25, 2004
Two witnesses who came forward to Chek 6 television say that the death of a young motorcyclist, who had pulled over to peacefully surrender to police, was deliberately run over by a police cruiser doing "a high rate of speed" and driven by a 10-year veteran of the Victoria Police Department.The police vehicle struck the motorcyclist broadside as the young driver was stopped at a stop sign on Vincent Avenue, right before the four lane Tillicum highway on the Sannich boarder.
The impact was so severe that the man was completely run over, and had to be extracted from the rear of the 4000 pound police cruiser, which had to be lifted from the victim by other officers.
A long faint skid mark can be seen despite two full nights of heavy rain, in this picture taken approx two days after the collision. If they were made by the Police cruiser, they would be stark testimony against the convoluted and incoherent statements made by both the Chief of the Victoria Police, and the "driver", who's name was withheld from the TimesColonist (article below, verbatim). One of which is that the police car involved never was travelling more than exactly 50km during the entire "chase"!!
One witness was too afraid to appear on camera, but gave remarkably similar accounts of the "horrific actions" of the police constable.
Please also note how the 'Chief of Police' completely discounts eyewitness testimony as part of the collection of evidence, which is (supposed to be) police policy for ALL vehicular accidents causing death. Do his comments suggest a fair investigation of ALL THE FACTS?
A 29-year-old motorcyclist is dead after being run over by a Victoria police cruiser just inside the Saanich border Sunday morning.
The motorcyclist was a suspect in a break-and-enter in Vic West just past midnight Sunday. He was being chased when he lost control of his bike on a turn. The bike slid out from under him and he tumbled into the path of the cruiser behind him, said Saanich Const. Chris Horsley Monday.
"He made a conscious decision not to pull over," said Horsley.
"The police officer immediately tried to avoid him but it just happened so quick he just didn't have time to react."
The man was pinned under the back of the vehicle. A Victoria officer with ambulance training gave immediate assistance "and the police actually lifted the car," said Horsley.
"I've been told ... the police assisted in lifting the car off so they could extract the victim," said Horsley.
The officer involved is a 10-year veteran of the force.
The motorcyclist, who was pronounced dead at Victoria General Hospital, was from Ontario and had been in Victoria one year.
Prior to police attending the break-in at a restaurant in the 800-block of Craigflower Road, witnesses gave police a clear description of the suspect -- a motorcyclist wearing army fatigues and a red helmet.
The suspect was spotted, lost, and seen again at 12:30 a.m. by a Saanich officer stationed on the border of Victoria and Saanich.
But the Saanich officer had an impaired citizen in the back seat and could not give chase. The cruiser radioed all units for assistance and the call was picked up by a Victoria officer.
"He attempted to pull the motorcyclist over and the motorcyclist refused to stop," said Horsley.
Throughout the chase, according to procedure, the officer broadcast the streets he was travelling and his speed -- 40 km to 50 km/h throughout the chase, said Horsley, who reviewed the tape Sunday.
During a pursuit, police consider the time of day, the volume of traffic on the road, the speed, or any other circumstance that might endanger the public, he said. The events are broadcast so that either the involved officer or a supervisor listening in can shut down the pursuit.
"In this case the speeds were at the speed limit," said Horsley.
The chase weaved through the Gorge-Burnside area and ended when the motorcyclist lost control while turning right onto Vincent Avenue from Tillicum Road.
The motorcycle and the cruiser never connected, according to Saanich Const. Mike Barkley, a traffic specialist with an expertise in motorcycle crashes.
Because the crash happened in Saanich, that department is investigating.
No discipline or action is being considered against the Victoria officer, said Horsley.
"It's a tragic set of circumstances but at the end of the day, the driver of that motorcycle made a conscious decision not to stop." [Does this sound remorseful to you??!!]
No names were released.
The police cruiser and motorcycle are locked in a compound awaiting completion of the forensic investigation.
Cindy E. Harnett Times Colonist
Emphasis and comment added to highlight facts and blatant contradictions; as well as brusque attitude of police towards their role in the death of this young man..
As shown at bottom of this page, the reporter requested permission to take two pictures of the front of the police car to either corroborate or refute the testimony given by the officer.
For some strange reason, the owner of the tow truck company was very protective of the this vehicle, and not only refused to let the reporter take 2 pictures, but was openly hostile to our presence, and watched us leave till we were long out of sight.
Doesn't that sound more like the behaviour you would expect if the police were not too eager to get the facts to the public? The police do work for us, remember, and when such a serious crime is alleged against the so-called "protectors of peace", they have a special duty to deal openly with the public seeking the truth.
And there are other parts at the scene that are exactly where the witnesses said they saw the police vehicle come to rest after deliberately running over the victim.
Note: Where are the measuring markers [marks used to measure skid distances, etc.] left by the police investigators? Do you see ANY sign of an investigation into the alleged crash area? This is the scene of a vehicular homicide after all, regardless of who's version we accept. [Watch the video again to see where police claim the motorcyclist ended up - you are looking RIGHT AT IT in the below pic!
Two striking facts can not be ignored:
A) The officer had a clear and unobstructed view of the area.
B) There are ABSOLUTELY NO INDICATIONS in the pavement of any marks consistent with a motorcycle being "dumped" as a result of an out of control turn onto Vincent. [For example, we should see gouges from the motorcycle as it dragged across the pavement on its metal foot pegs.]
Is there anything that would obscure the officers vision, such that he would not see someone "laying in the roadway"? Particularly baring in mind that the officer steadfastly maintains that he was travelling no faster than 50 km, per hour?
Where are his skid marks?
Below photo shows finer detail of parts left after collision.
How does one brake a car headlight from running completely over someone laying flat on the ground?
Even setting aside the two eyewitness accounts [one too afraid of the police to give their name] for a moment, and just use a little common sense and ask yourself, how a veteran police officer allegedly travelling "no higher than 50km per hour", would have then invoked the following "defence" to his part in the "accident":
"The police officer immediately tried to avoid him but it just happened so quick he just didn't have time to react."
Isn't the whole idea of safe and defensive driving that you ALWAYS HAVE ENOUGH TIME AND SPACE to react to an accident? The officer involved states he was following the motorcyclist when he lost control. Was the police officer on his rear wheel when he allegedly fell? Did the officer cause him to fall? Where are the skid marks from either the cruiser or motorcycle? Why did the police officer not have more than enough time to stop before hitting the cyclist; let alone be going so fast as to run over him the full length of the police vehicle?
The pictures of this area do not show a narrow country road; rather they show a straight and wide four lane highway - and there was plenty of artificial light and totally unobstructed vision whereby to see someone fall, then slide away from the pursuing police cruiser [which we are told was doing no higher than the speed limit]. In such a situation there would be abundant room to avoid running over a person police claim [absent any physical evidence to support them] was laying in the road.
The Police were on TV again May26, and have now been forced to trash over the statements of the numerous eye witnesses, that have now come forward to media searching for the truth. This is a rather interesting turn of events, given that no investigation has been concluded [nor perhaps, even started], and the police are merely going on the testimony of ONE specific eye witness: the officer who ran over the motorcyclist, and has a vested interest in giving the "most favourable" description of events to his fraternal buddies doing the investigation.
CLICK HERE TO SEE CLIP FROM VICTORIA NEWS STATION 'CH 6'.
Thanks must go out to 'CH 6 TV' for reporting a version of events that shows the police to be less than able to perform their alleged DUTY and mandate to "keep the queens peace, and protect the rights and liberties of her subjects".
What about public opinion, and why is BC Revolution so interested in getting you the facts?
If there is no accountability for gross police misconduct, can we expect such behaviour to "correct itself"? Is Canada no longer a country that regards human life as precious?
The apparent owner, however, made it clear that we were not the least welcome, and kept asking "and you are" even after clearly being told our identity and purpose twice. This is well over a week since the crash, and still the police cruiser is being highly guarded! What are they afraid of?
The apparent owner then immediately followed our reporter outside, and proceeded to intently watch us leave the premises till we were a good distance down the street.
Apparently, in order to get "permission" to merely photograph the vehicles involved in this highly controversial crash, requires an ID check and clearance from the Sannich Police Department, who did not intend to grant ANY permission to anyone other than their select "investigators". Investigators, who have yet to look at the police cruiser, according to comments made by an employee later that same day. [Update for August 18, 04 - no report has been forwarded to media on this incident - they were hoping the media and public will forget, and apparently they have.]
What are they afraid of that we might see in the pictures? Damage to the front lights and hood area of the police car perhaps? Paint from the victims helmet on the hood?
On the other hand....... Submitted for your common sense review.
[Related Page: Police Crashes]
Can you notice any differences in the "crime scenes"? If not, please see an <eye> doctor.
Where is the public outrage? Is this justice? Can we really count on the police to police themselves? Should we not rather exercise our common law and constitutional right to elect publicly accountable Sheriffs? WOULD YOU LIKE TO VOLUNTEER AS A SHERIFF IN YOUR AREA, AND APPOINT SWORN DEPUTIES TO ENFORCE EQUAL JUSTICE and OUR COMMON LAW CONSTITUTION, or would you rather stay a passive victim of government terrorism?
See also....
Victoria police face another abuse allegation - Jan 24/08
Watchdog orders external review, says Victoria force 'pre-judged' teen's case; public hearing to review second incident
Victoria's troubled police department was rocked yesterday with another allegation of abuse in its jail cells.
The second lawsuit in two days came to light just hours after the force agreed to investigate the case of a teen girl who is suing police because she was left handcuffed and tied at the ankles for four hours in a cell. [full story]
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More examples of their truly profound disregard for common decency and rule of law.
Police destroy homeless man’s bike.
Monday Magazine, Victoria BC Canada.After three months trying to get his bicycle back from the Victoria police department, Billy Bob got the following e-mail from an official: “Your bicycle has been destroyed. Please direct any further inquiries to Cst. [Dale] Sleightholme.”
Sleightholme confiscated the bicycle, which was covered in phone sex ads, in late June. Bob, who is homeless and survives by scrounging food and other things from dumpsters, says he told the police many times he was willing to remove the ads and just wanted the bike back.
It’s not right, he says, that they can confiscate a bike and destroy it when he hasn’t been charged with anything or been given a chance to defend himself “They’ve never charged me with a thing,” he says. “It’s incredible.”
Sleightholme did not return a call by press time. Neither did police spokesperson Les Sylven.
Bob says he's had many things confiscated by the police over the years, including his passport and photographs of his son. “I’ve never got anything back from them ever.
Scan of original story as it appeared
in Monday Magazine's weekly
publication for September 28 -
October 4, 2006, in page 4 of their
"this week" segment.
It is hard to imagine how callous a
person it would require to be able to
steal and then destroy the property
of someone at the lowest scale of
our society.
As you will also note, this same
department's army of nefarious
miscreants, even stooped so low as
to steal pictures of his children. He is
now only left with his memories.....
Do you honestly expect protection
and security from such individuals?
Or are you going to muster the courage
needed to protect not just yourself and
your family, but your homeless neighbour,
who we believe has a RIGHT to property
AND to be treated with dignity!
Saanich police use helicopter to spot homeless in parks - June 20/08
Officers used one of the RCMP's provincial helicopters this week to scour the more than 150 municipal parks. It was the first time they've used aerial surveillance to spot hard-to-see camps of homeless people, said Saanich police spokesman Const. Brad Brajcich. "It was a trial for us," he said.
Victoria policeman accused of being too rough in removing person from restaurant
Rob Shaw - Times Colonist, Thursday, April 26, 2007
A Victoria police officer has been placed on desk duty while the department investigates
allegations he roughed up a homeless man passed out in a downtown McDonald’s
restaurant.
The incident was recorded by security cameras at the McDonald’s at View and Douglas
streets, around 7:30 p.m. April 15.
Prosecutors to review police excessive-force complaint - Times Colonist, May 30, 2008
The case of a Victoria police officer accused of excessive force in removing a homeless man from a downtown restaurant has been forwarded to provincial prosecutors, according to police. [full report]
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You have an ABSOLUTE right to bear arms for lawful defence of your person: Both the
constitution as expressed in our eternally binding Magna Carta AND section 7 & 26 of
the Canada Act, 1982 guarantee this RIGHT. Any law (read statute) that IN ANY WAY
infringes your immutable right to self defence is of no force or effect, according to this
SUPREME LAW of the land. You furthermore have an unalienable right to defend your
rights... so the mere act of the government trying to infringe your right to carry for
lawful defence, is itself a lawful excuse to bear arms.
Oak Bay Cowards and Thugs from 'Integrated Road Safety Unit' beat up on 87
year old man.
So what was his alleged crime you ask? Police say he was driving without a
seat belt.... Ok, so who's rights were being violated by his allegedly not wearing
a seatbelt? Not ours..
Click on below pic and see if you agree with our assessment that the only persons
breaching the peace were the so-called "peace officers" who violated this man's
constitutional right to free and peaceful use of the Queens Highways, and his right
not to be assaulted.
Check out below video..
Victoria police unveil handcuffs for the elderly June 11/2007
The nylon restraints, part of a Bodycuff system that restricts a person's arms to
his or her sides, also will be used on people suffering from mental illness, said Massine.
Victoria Police taking 'ultra violent' training....
Wave of interest in fighting prompts retraining of Victoria police squads
Hearing will probe how young man was injured in police cell - Victoria Times Colonist, June 15, 2008
The complaint was filed on April 27, 2004, by Mark McKay, on behalf of his son Thomas McKay. It alleges Thomas was seriously injured in police cells four days earlier, when his hands were handcuffed behind his back and he was forcibly thrown to the jail's concrete floor.
On Dec. 7, 2006, Deputy Chief Bill Naughton, acting as the discipline authority for the department, found that no abuse of authority had occurred or excessive force used. [full story]
Jailer admits report differs from video - May 10/08
Matron initially claimed girl 'lashed out' in cells; taped records show otherwise
Jail matron Merle Edmonds testified in B.C. Supreme Court yesterday that a report she made in an attempt to bring an assault charge against Willow Kinloch differed from what is shown on a videotape of the incident.
That admission came in the fourth of day Kinloch's civil suit in B.C. Supreme Court against Edmonds, the City of Victoria, Const. Ryan O'Neill and Const. Brian Asmussen over Kinloch's detention in police cells in May 2005.
Kinloch's lawyer Richard Neary drew Edmonds' attention to the report in which Edmonds stated: "She kicked her shoe at me, then lashed out at me as she grabbed my arm.
Kinloch continued to fight and resist and was put in handcuffs and restraints."Neary pointed out that Edmonds' evidence in court today while watching the video was not consistent with this report.
"Is that what you would have said if my client didn't have this video," asked Neary."Correct," Edmonds replied. [Full report]
Appeal of tethered teen's suit necessary: chief - June 20/08
But police admit girl's treatment 'below standards'
The jury awarded her $60,000 in a complex decision that said officers had violated her charter rights as a result of malice, negligence or misconduct. Police appealed the verdict June 16.
Naughton said the problem is there are two different thresholds in Canada for awarding damages based on charter violations -- the B.C. Supreme Court and the Ontario Court of Appeal. Victoria police lawyers prepared part of their arguments in the case using Ontario standards, he said.
Comment: What a total load of rubbish! A BC Jury awarded the 60,000 to a BC resident, for a violation that occurred in BC, so it was their standard, and was/is well within the range of damages awarded in Canada, for violations TO THE CANADA ACT. Don't believe the lawyer/police nonsense about "provincial standards"... nothing in the law prescribes any such "standard", and certainly no anomalies exist (in this case) that would/should trigger an appeal of a JURY'S decision!
Damage awards to Charter rights infractions can easily be in the range of hundreds of thousands. Brian Mulroney received 2.1 million in an out of court liable case, for a letter that was not even circulated to the public. This latter award exceeded the existing "award standard" by a factor of TEN.
Still more Victoria Police aggression against helpless victims.....
Battle of the backpacks
Police say they're not seizing them willy-nilly but social agencies cry discrimination
Louise Dickson, Times Colonist - May 06, 2007
Victoria's social service agencies say they are wasting scarce charitable donations helping
street people recover backpacks seized by police under the city's chattels bylaw.
"This bylaw is discriminatory and oppressive," said Rev. Al Tysick. "They're taking away all
a person owns in life. I feel terrible using donated funds. And the city and police know where
the money is coming from."
'More than just a fall' led to injury - Richard Watts, Times Colonist, October 24, 2008
Man held in police custody suffered life-threatening trauma, doctor testifies
Whatever happened to brain-damaged Thomas McKay while in police cells was more than just a fall, a neurosurgeon testified yesterday.
"I would expect his head was travelling at a higher velocity than just a simple fall," said Dr. George Stuart Cameron.
The neurosurgeon testified McKay had a skull fracture over his left eye, extending across the top of his head. He performed surgery to remove a blood clot formed underneath McKay's skull lying against his brain, part of an injury he agreed was "life threatening."
He was speaking at a public hearing called by the B.C. police complaint commissioner to investigate the actions of Victoria police Const. Greg Smith. McKay and his family say Smith pushed McKay while his hands were cuffed behind his back so that his head struck the concrete floor.
McKay was scheduled to testify yesterday, but lawyer Chris Considine, representing him, rose to say McKay is in hospital under the care of a psychiatrist. He said that care is required due to a brain injury and that he was unable to testify.
photo of Victoria police Const. Greg Smith
Within days of the incident, McKay's father filed a complaint with the Victoria Police Department. After 19 months passed, Victoria police came back to say neither abuse of authority nor excessive force had been used.
[Duh! That's what the "complaint department" always says... even in the most egregious cases. The complaint department is NOT an investigative office, they are a DAMAGE CONTROL office. Not that people shouldn't file a complaint through this process as a matter of procedure and record, but your best course of action is a PRIVATE PROSECUTION and/or Civil Court Action - so talk to a lawyer through lawyer referral - it will cost a max 25 dollars to discuss your options. The police "run and staffed" complaint process is not going to help you, they are there to help themselves.]
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CHECK THIS OUT Busted!
Victoria Police Department caught fabricating evidence to promote fake gun fear.
Former police officer Wills guilty of murdering lover - Oct 31/2007
The former traffic services officer was found by Fuerst and the preliminary hearing judge to have engaged in a "filibuster" to drag out the criminal proceeding.
[.....]
"We knew for a fact he was a millionaire. Why did taxpayers have to pay for the defence?" asked Valeri. "I would like to issue a challenge to the attorney-general to explain why our judicial system can be manipulated so easily."
Wills had a net worth of $1.5-million in 2002, according to court documents filed in divorce proceedings with his estranged wife. After his arrest in June 2002, he transferred his assets to his wife and their three children.
Legal Aid Ontario declined to provide funding. In April 2005, Superior Court Justice Bryan Shaughnessy ordered the Ministry of the Attorney-General to pay $200 per hour, as well as travel costs and other expenses for a lawyer to represent Wills at his Superior Court trial. [full report]
New Masonic Victoria Police Chief, Jamie Graham, says police don't have to show or carry ID...
How arrogant is this folks... This same department thinks they can pull you over for no other reason than (now get this) you "AREN'T in their system as doing anything criminal" and then if you don't show YOUR ID, they then have an excuse to detain you, beat you, fine you, and then lie IN A COURT OF LAW about what you did or said. Sound far fetched? Then read the below story....
Police want look at tape in excessive force suit
By Louise Dickson and Katie Derosa, Times Colonist - March 19, 2009
Victoria police want to examine a copy of an audio recording made by Mike Stebih when he was arrested by two officers last year who he has now accused of using excessive force.
Stebih was arrested for obstructing a peace officer on Feb. 6, 2008, for refusing to produce his identification when stopped by two plainclothes officers in an unmarked car.
The recording was a key piece of evidence during the court proceedings Sept. 5, 2008. The charge of obstructing Victoria police Const. John Musicco was stayed when the recording, played in court, revealed several inconsistencies between the officer's testimony and what was actually said the night Stebih was arrested.
"We would want to look at the originals of a tape recording and make a number of forensic investigations ourselves," said Victoria police Chief Jamie Graham during a press conference yesterday.
Stebih's complaint has launched an internal police investigation. He is suing the officers and the city for false arrest, false imprisonment and assault.
Court transcripts reveal not only inconsistencies but also that the officers used profane language. While Stebih was sitting in the back of a police cruiser, Musicco and his partner Const. Jennifer Young searched his van and can be heard on the recording calling him a "f---ing retard" and a "f--king idiot" during a private conversation between the two officers.
According to the court transcripts, Musicco testified on Sept. 5, 2008, that he had been dressed in plainclothes, driving an unmarked car, when he and Young pulled over a red minivan in the 300-block of Bay Street. Musicco had spotted the van and a Jeep Cherokee in an empty parking lot and watched both vehicles drive away.
Even though he ran a check on the licence plate to make sure it wasn't stolen, Musicco decided to pull it over in case it had been recently stolen. Musicco told the court he wanted to check that the driver was the registered owner and had a valid licence plate.
[.......]
Graham said officers do not have to show their identity cards and showing a badge should be enough proof that they are a police officers. [Read full story here]
Perhaps Graham's memory is not good: Apparently he has forgotten that the police WORK FOR US, and HAVE TO identify themselves as confirmation that they are in fact legitimate "peace officers" (another term that baffles them).. and has also forgotten that the feds stated in 2008 that police uniforms were stolen from a factory that supplies police uniforms and badges - and they were concerned that "terrorists" would use them.
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