Crown seeks 90 days in jail for Edmonton police officer convicted of 2019 assault arrest
Crown prosecutors are seeking a jail sentence of between 60 and 90 days for an Edmonton police officer who assaulted an Indigenous man in a 2019 arrest.
A sentencing hearing for Const. Michael Partington began Wednesday morning at Alberta Provincial Court in Edmonton.
He was shown on video to drop his knee into the back of Elliot Houle, a suspect who was prone on the ground.
Const. Partington was found guilty after a five-day trial in August where Judge Peter Ayotte ruled the officer’s actions were “not only … unnecessary, but in the circumstances a gratuitous assault on an unresisting suspect.”
At trial, Partington claimed to be helping a fellow officer restrain the suspect and that his use of force was reasonable given the circumstances.
He has been suspended without pay since charges were laid in June 2020.
In addition to to the jail sentence, prosecutors argued Wednesday for a probation period of between 12 and 18 months that would include community service and anger management classes.
"Mr Houle was a vulnerable member of society at the time Constable Partington drove his knee in his back," said Crown prosecutor Carla MacPhail.
Defence lawyer Mike Danyluik is seeking a suspended sentence which would allow Partington to avoid a criminal record.
Ayotte has reserved his decision to a later date.
‘DIDN’T DO ANYTHING’
The incident happened Aug. 27, 2019, in the area of 115 Avenue and 95 Street.
Houle's anguished cries can be heard on video of the arrest, at one point yelling, "I didn't do anything," as he's subdued.
"Please stop!" he yells repeatedly as officers pin him down.
Another police officer walking over from a parked vehicle drops his knee into Houle's back, causing him to scream out in pain once again.
"Do not run from the police," an officer yells back. "Do you think I wouldn't catch you?"
"You ran away from me," one officer later says. "You didn't even confirm your name."
As Houle is stood up to be taken to a nearby police vehicle, he asks the officers, "What is your problem?"
An officer then appears to strike him in the face, causing him to scream and fall to his knees.
Partington has been an EPS officer for five years after a career in the Canadian military.
CTVNews.ca Top Stories
CRA no longer requiring 'bare trust' reporting in 2023 tax return
The Canada Revenue Agency announced Thursday it will not require 'bare trust' reporting from Canadians that it introduced for the 2024 tax season, just four days before the April 2 deadline.
He didn't trust police but sought their help anyway. Two days later, he was dead
Jameek Lowery was among more than 330 Black people who died after police stopped them with tactics that aren’t supposed to be deadly, like physical restraint and use of stun guns, The Associated Press found.
Fluid in eye cells can 'boil' if you watch the eclipse without protection: expert
Millions of people in parts of Eastern and Atlantic Canada will be able to see the rare solar eclipse happening on April 8. But they should only look up if they have proper eye protection, experts say.
NEW More unauthorized products for skin, sexual enhancement, recalled: Here are the recalls of this week
Health Canada and the Canadian Food Inspection Agency recalled various items this week, including torches, beef biltong and unauthorized products related to skin care and sexual enhancement.
Where is the worst place for allergy sufferers in Canada?
The spring allergy season has started early in many parts of Canada, with high levels of pollen in some cities already. Experts weigh in on which areas have it worse so far this season.
Do these exercises for core strength if you can't stomach doing planks
Planks are one of the most effective exercises for strengthening your midsection, as they target all of your major core muscles: the transverse abdominis, rectus abdominis, external obliques and internal obliques. Yet despite the popularity of various 10-minute plank challenges, planking is actually one of the most dreaded core exercises, according to many fitness experts.
Grandparent scam: London, Ont., senior beats fraudsters not once, but twice
It was a typical Tuesday for Mabel Beharrell, 84, until she got the call that would turn her world upside down. Her teenaged grandson was in trouble and needed her help.
Angst and calls for resting places as Surrey, B.C., pet cemetery development continues
A single headstone is all that remains of dozens of markers for long-buried pets in a subdivision in Surrey’s Newton neighbourhood, where a half-acre parcel bears a large sign announcing the proposed construction of new homes.
Polar ice is melting and changing Earth's rotation. It's messing with time itself
One day in the next couple of years, everyone in the world will lose a second of their time. Exactly when that will happen is being influenced by humans, according to a new study, as melting polar ice alters the Earth’s rotation and changes time itself.