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
Quebec nurse had to clean up after husband's death in Montreal hospital
On a night she should have been mourning, a nurse from Quebec's Laurentians region says she was forced to clean up her husband after he died at a hospital in Montreal.
Northern Ont. lawyer who abandoned clients in child protection cases disbarred
A North Bay, Ont., lawyer who abandoned 15 clients – many of them child protection cases – has lost his licence to practise law.
Bank of Canada officials split on when to start cutting interest rates
Members of the Bank of Canada's governing council were split on how long the central bank should wait before it starts cutting interest rates when they met earlier this month.
Maple Leafs fall to Bruins in Game 3, trail series 2-1
Brad Marchand scored twice, including the winner in the third period, and added an assist as the Boston Bruins downed the Toronto Maple Leafs 4-2 to take a 2-1 lead in their first-round playoff series Wednesday
Cuban government apologizes to Montreal-area family after delivering wrong body
Cuba's foreign affairs minister has apologized to a Montreal-area family after they were sent the wrong body following the death of a loved one.
'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.
What is changing about Canada's capital gains tax and how does it impact me?
The federal government's proposed change to capital gains taxation is expected to increase taxes on investments and mainly affect wealthy Canadians and businesses. Here's what you need to know about the move.
New Indigenous loan guarantee program a 'really big deal,' Freeland says at Toronto conference
Canada's Deputy Prime Minister Chrystia Freeland was among the 1,700 delegates attending the two-day First Nations Major Projects Coalition (FNMPC) conference that concluded Tuesday in Toronto.
'Life was not fair to him': Daughter of N.B. man exonerated of murder remembers him as a kind soul
The daughter of a New Brunswick man recently exonerated from murder, is remembering her father as somebody who, despite a wrongful conviction, never became bitter or angry.