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
'A beautiful soul': Funeral held for baby boy killed in wrong-way crash on Highway 401
A funeral was held on Wednesday for a three-month-old boy who died after being involved in a wrong-way crash on Highway 401 in Whitby last week.
Police handcuff man trying to enter Drake's Toronto mansion
Toronto police say a man was taken into custody outside Drake's Bridle Path mansion Wednesday afternoon after he tried to gain access to the residence.
Biden says he will stop sending bombs and artillery shells to Israel if they launch major invasion of Rafah
U.S. President Joe Biden said for the first time Wednesday he would halt shipments of American weapons to Israel, which he acknowledged have been used to kill civilians in Gaza, if Prime Minister Benjamin Netanyahu orders a major invasion of the city of Rafah.
U.S. presidential candidate RFK Jr. had a brain worm, has recovered, campaign says
Independent U.S. presidential candidate Robert F. Kennedy Jr. had a parasite in his brain more than a decade ago, but has fully recovered, his campaign said, after the New York Times reported about the ailment.
What is whooping cough and should Canadians be concerned as Europe declares outbreak?
There is currently a whooping cough epidemic in Europe, with 10 times as many cases compared to the previous two years. While an outbreak has not been declared nationwide in Canada, whooping cough is regularly detected in the country.
Pfizer agrees to settle more than 10K lawsuits over Zantac cancer risk: Bloomberg News
Pfizer has agreed to settle more than 10,000 lawsuits about cancer risks related to the now discontinued heartburn drug Zantac, Bloomberg News reported on Wednesday, citing people familiar with the deal.
Quebec premier defends new museum on Quebecois nation after Indigenous criticism
Quebec Premier Francois Legault is defending his comments about a new history museum after he was accused by a prominent First Nations group of trying to erase their history.
B.C. theatre to pay $55K to neurodivergent actor in discrimination case
British Columbia's human rights tribunal has awarded a neurodigergent actor, who was diagnosed with sensory and learning disorders, more than $55,000 after finding that a Kelowna theatre company discriminated against him because of his disabilities.
Who's responsible for regulating cannabis stores operating under the sovereignty banner?
It's not quite clear who is supposed to be regulating so-called sovereign cannabis stores or even ensure they're benefiting Indigenous communities.