According to Toronto Police Association president Mike McCormack, police received a call around 9:30 a.m. yesterday regarding a man who committed an assault. After a lone female officer arrived on scene it is alleged the man became violent with her. The suspect allegedly punched her in the face several times, knocking her to the ground. He also allegedly spit on her.
A group of construction workers in the area went to the officer’s aid and it is alleged one of them was bitten in the hand by the suspect. When backup officers arrived, they managed to restrain the suspect and put him into a cruiser. But while in the police car, the suspect began kicking out the windows and managed to dent the door.
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The officers then took him out of the car and placed him on the ground. He appeared to have been subdued when he was Tased twice. Officers also stomped on his legs. Police say he was Tased and stomped on while in a prone position because he had the hand of one of the officers in his mouth and would not let go. During this time the officers kept yelling “Stop resisting.”
Waseem Khan, a 32-year-old letter carrier and his wife were taking their child to daycare when they came upon the scene. Khan was some distance away when took out his phone and began filming the incident. At the point he began filming, the suspect had been taken out of the car and was on the ground.
Khan can be heard in the video saying an officer kicked the man in the head while he was on the ground. He then seems incredulous when the prone man is Tased. Khan said he thought the suspect was going to die.
An officer leaning over the suspect can be seen pointing at Khan and yelling, “Move back” and then yelling to other officers to “Get that guy out of my face.” At one point an officer yells to Khan that the suspect is going to spit in his face and he’ll get AIDS.
Khan replied he was not obstructing or interfering with the arrest and the video seems to bear this out. Then two officers walk up to Khan and tell him if he did not stop filming, they would seize his camera because it contains evidence of a crime.
Mark Pugash, a spokesman for the Toronto Police Service, justified the force used in the arrest. He said the suspect had already assaulted an officer and damaged a police car. While he was on the ground he had one of the officers’ hands in his mouth and would not disengage. That justified the two uses of the Taser.
But Pugash said Khan was justified in filming the arrest because he was obviously far enough away he could not have interfered with what the officers were doing. Pugash added the officers had no right to take his phone or even threaten to take his phone.
Lawyer Joseph Neuberger told 640 News Khan’s video is no different than any other video that may contain evidence of a crime. Police have to ask for it and if the video is not turned over, they have to obtain a warrant.
The Professional Standards Branch of the Toronto Police Service is looking into the matter to see if disciplinary actions against the officers is warranted.
