'We're not giving up': Family reacts to prosecutor's decision not to charge police officer who kicked teen in the head

A young man and his family are "having a hard time" and "hurting" after prosecutors decided the police officer who kicked him in the head will not be charged.

In a news conference on Friday, Pacey Dumas' lawyer, Heather Steinke-Attia, said she's "very disappointed" by the Alberta Crown Prosecution Service's (ACPS) decision not to charge Edmonton Police Service Const. Ben Todd.

On Thursday, the Alberta Serious Incident Response Team (ASIRT) released its findings into the incident that left Dumas with a hole in his skull and "long lasting, if not permanent" injuries.

The officer "showed a shocking lack of judgment and disregard for the life" of Dumas, ASIRT added.

The police watchdog referred the case to ACPS after it found "reasonable grounds that an offence may have been committed," but prosecutors recommended that no charges be laid.

The ACPS said its decision was made after reviewing the entire ASIRT file and consulting with an independent expert.

"While the circumstances outlined by ASIRT in this matter are disturbing, the role of the ACPS is to assess the triable evidence and provable facts in making a determination as to whether there is a reasonable likelihood of conviction," Greg Ball, issues advisor and legal counsel, told CTV News Edmonton in a statement.

"The ACPS standard for prosecution is a higher standard than that of the police. Courts have an even higher standard—before a person may be convicted of any crime, the offence must be proven beyond a reasonable doubt. These checks and balances mean that it is possible for one standard to be met, but for the case not to proceed at the next level due to the more onerous standard.

"In this case, an ACPS prosecutor reviewed the investigation and surrounding circumstances and concluded that the charges did not meet our standard for prosecution."

Steinke-Attia said ACPS "has not provided any reasons behind their assessment of evidence and decision" and added she wants more transparency.

"I believe that the investigators at ASIRT did their job thoroughly, honestly and with integrity, and came to the conclusion with all their knowledge and expertise in the field of police use of force that there was grounds for charges for Const. Ben Todd."

Steinke-Attia said a lawsuit against Const. Todd, who's currently on paid leave, will proceed. EPS Chief Dale McFee and six unidentified officers were also named as defendants in the statement of claim filed in 2021, seeking a total of $690,000.

On Friday, McFee said the findings of the EPS investigation will be made public after it's completed.

"While I don’t want to dwell on the process, I want to acknowledge the impact this has…believe me when I say the enormity of the impact this has on the community, I certainly understand."

'WE'RE HAVING A HARD TIME'

Pacey, his mother Irene, and his aunt Leigh Ann Ward, attended the news conference.

They were holding a portrait of Pacey's brother Blair Dumas, who was with him the night he was injured.

Blair died by suicide last year.

Pacey Dumas held a portrait of his brother, Blair, when he spoke to reporters on April 28, 2023, a day after it was announced the officer that kicked him in the head would not be charged. (CTV News Edmonton)

"We're having a hard time. We're grieving still," Irene told reporters.

"What Const. Ben Todd did, he wrecked our family."

"He gets to live his life perfectly fine," Pacey said. "We'll be here grieving every day. My anxiety and everything. He gets to go home everyday to a happy family. It makes no sense, it's not fair."

Blair was his best friend, Pacey said. Their aunt said they did everything together.

"Both boys, got to watch them grow up," Ward said. "They were such happy, loving kids. Cared about everybody, never got into trouble. So when this happened, it was pretty hard."

"We want justice," Irene said.

"We're not giving up." 

With files from CTV News Edmonton's Sean Amato