Wayne Moore, Kelowna, B.C. (Castanet.net) – “We are dealing with people that, in desperate moments are asked to make decisions. Sometimes mistakes are made.”
Those words from Kelowna RCMP Supt. Bill McKinnon during a brief press conference to address the conviction of Cst. Chris Brinnen.
Earlier in the day, Brinnen was convicted of one count of assault stemming from an incident outside a Leon Avenue nightclub following bar close on February 15, 2010.
Brinnen and Kyle Nelson had an encounter outside Gotcha’s night club.
There was a verbal exchange that led to a brief foot pursuit down an alley.
According to McKinnon, the judge stated Cst. Brinnen and his police dog caught up with Nelson as he was attempting to scale a fence.
The male turned, brought his arms up and Brinnen ‘instantly closed in and struck the male.’
The judge in the case ruled Brinnen used excessive force in trying to apprehend Nelson on that evening.
He stated the constable ‘operated too fast, went too far and there were other reasonable options available.’
“I have immediately placed the member on administrative duty while a Comprehensive Operational Readiness Assessment is being conducted,” says McKinnon.
Photo: Contributed
Kyle Nelson shows injuries inflicted by Cst. Brinnen
“This assessment will involve a number of steps including a review of the judge’s comments.”
McKinnon says until a final decision is reached, Brinnen will remain on desk duty.
“He will not be responding to any calls. He is not out on the road at this point in time.”
Brinnen is one of several Kelowna Mounties either charged or convicted in recent years.
Cst. Steve Conlon was found guilt of assault in relation to an incident in Rutland in February of 2009.
Cst. Kent Hall was found guilty of careless use of a firearm during that same incident.
In January of last year, Cst. Geoff Mantler was caught on tape kicking Buddy Tavares in the face during a takedown.
Mantler has been charged with assault in that case and one other. He has been suspended without pay.
Despite the convictions, McKinnon says he doesn’t believe there is a problem with the Kelowna Detachment.
“I really don’t (think there is a problem) within the detachment,” says McKinnon.
“We deal with a lot of issues.
Brinnen will be sentenced April 24.
[Source]
Judge rules RCMP punch ‘unjustified and excessive’
Kelowna, B.C. (CBC News) – A Kelowna RCMP officer and dog handler has been found guilty of assault after punching a man nearly two years ago.
Const. Chris Brinnen testified 24-year-old Kyle Nelson was being belligerent, swearing and giving him the finger outside a bar in February 2010.
Brinnen told the court he chased Nelson down and only struck him when Nelson turned to take a fighting stance.
But Nelson told a very different story.
He testified he was leaving a bar when Brinnen gave him the finger. Nelson says he returned the gesture, and the RCMP officer threatened to throw him in the drunk tank.
Nelson told the court Brinnen drove his SUV towards him. Nelson said he was scared and fled into a fenced alleyway, and when he heard Brinnen behind him, turned and raised his hands in surrender.
“And that is when he took like four steps towards me and just punched me right in the face,” said Nelson after testifying in November 2011.
“He put me in a headlock, threw me up against the fence, threw me down on the ground, got on my back, the dog had my foot in his mouth and I said ‘What are you doing? You’re a cop.’”
In her judgement, Judge M.E. Shaw said the fact that Brinnen gave Nelson the finger was an “unfortunate, unprofessional and impulsive response.”
She ruled Brinnen did not strike Nelson in self-defence as he claimed.
Rather, she found the officer did not have reasonable and probable grounds to arrest Nelson, making the force he used “unjustified and excessive.”
Outside the courthouse on Friday, Kyle Nelson’s mother Heather called her son to tell him the news.
“He’s ecstatic,” she told reporters.
Brinnen has been an RCMP member for 14 years, and remained on-duty while the case made its way through the courts.
His sentencing is scheduled for April 24.