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
BREAKING Monthly earnings rise, payroll employment falls: jobs report
The number of vacant jobs in Canada increased in February, while monthly payroll employment decreased in food services, manufacturing, and retail trade, among other sectors.
Doctors say capital gains tax changes will jeopardize their retirement. Is that true?
The Canadian Medical Association asserts the Liberals' proposed changes to capital gains taxation will put doctors' retirement savings in jeopardy, but some financial experts insist incorporated professionals are not as doomed as they say they are.
Remains from a mother-daughter cold case were found nearly 24 years later, after a deathbed confession from the suspect
A West Virginia father is getting some sense of closure after authorities found the remains of his young daughter and her mother following a deathbed confession from the man believed to have fatally shot them nearly two decades ago.
Something in the water? Canadian family latest to spot elusive 'Loch Ness Monster'
For centuries, people have wondered what, if anything, might be lurking beneath the surface of Loch Ness in Scotland. When Canadian couple Parry Malm and Shannon Wiseman visited the Scottish highlands earlier this month with their two children, they didn’t expect to become part of the mystery.
What do weight loss drugs mean for a diet industry built on eating less and exercising more?
Recent injected drugs like Wegovy and its predecessor, the diabetes medication Ozempic, are reshaping the health and fitness industries.
2 military horses that broke free and ran loose across London are in serious condition
Two military horses that bolted and ran miles through the streets of London after being spooked by construction noise and tossing their riders were in a serious condition and required operations, a British government official said Thursday.
'It was instant karma': Viral video captures failed theft attempt in Nanaimo, B.C.
Mounties in Nanaimo, B.C., say two late-night revellers are lucky their allegedly drunken antics weren't reported to police after security cameras captured the men trying to steal a heavy sign from a downtown business.
Fair in Ontario, flurries in Labrador: Weather systems make for an erratic spring
It's no secret that spring can be a tumultuous time for Canadian weather, and as an unseasonably mild El Nino winter gives way to summer, there's bound to be a few swings in temperature that seem out of the ordinary. From Ontario to the Atlantic, though, this week is about to feel a little erratic.
He replaced Mickey Mantle. Now baseball's oldest living major leaguer is turning 100
The oldest living former major leaguer, Art Schallock turns 100 on Thursday and is being celebrated in the Bay Area and beyond as the milestone approaches.