Winnipeg Police Complaint - Officer #1849

Complaint synopsis
Traffic Court Trial

Intro

One summer night, I was bicycling home from a friend's house when I came across a Winnipeg Police car fully parked on the front sidewalk near my house. This car was needlessly parked on the sidewalk, while there was ample parking space abound. This is not the first time I've seen this on my street. In fact, I've filed three complaints in the the years previous about parking on the sidewalk when it wasn't necessary.

My neighbourhood is one that was being revitalized. Ten years prior, my neighbourhood was plagued with gang activity - vandalism, hard drug dealing and gang-related crime. When I see a police car needlessly parked on the sidewalk, it's a sign of disrepect from the police. I've confronted officers before and asked them not to do this, unless they are in an emergency or there simply isn't any other close place to park. It just makes my street look worse than it really is.

This is one such incident that really disappointed me...

Complaint synopsis

(I've bolded words to represent shouting)

Around 12:05am on Friday, July 16th, 2004, I was bicycling home from a friend's apartment on Furby Street. As I approached my house at ** **** Street - coming south from *** Street towards *** Street on *** Street - I saw a Winnipeg Police car (Car #114) fully parked on the sidewalk two houses from mine, while there was ample parking space available on the street. It was parked on the sidewalk as if it had been already driving down the sidewalk.

As I came closer, two officers were walking away from their car towards ** *** (an apartment building two houses North from my house) and talking to a man across the street that had an open beer bottle in his hand. Officer #1849 was closer to the street and telling the man to put the beer down and to go away. As I passed, I said to myself "nice parking job".

Once I did this, one of the officers (as I later found out this was Officer #1849) immediately shouted: "Hey, what did you just say? Come here!"

I had passed the police car and was in front of my neighbour's house when I heard him. When I turned my head around to see if he was talking to me, he began to give chase after me. He had run the distance of three car lengths behind me by the time I turned my bike around to face him. I drove up to the curb, near the front of the police car. Officer #1849 came up to me - standing 9 inches from my face - and started shouting at me.

(After the incident and once in my house, I immediately recorded the dialogue on my home computer)
This is the dialogue that occurred:

1849: What did you just say to us? (He shouts this as he approaches me and stands incredibly close to me) What did you say about our parking!?
Me: Nothing. (I looked at his shoulder for an ID number)
1849: No, you said something. What did you say?
Me: Look, I just don't understand why you need to park on the sidewalk.

He had turned his head slightly towards the other officer who was behind him. When he did this, I looked at his shoulder again for a badge number. It was difficult to see his shoulder because he was standing with his left shoulder forward, and the number was on his right shoulder. He then looked back at me, and it was visible that he saw me looking at his shoulder.

1849: Oh, you want my number? I'll give you my number. I'll give you a ticket. How would you like that? Give me your ID!
Me: What are you giving me a ticket for?
1849: Give me your ID now!
Me: I don't have any ID on me!
1849: Oh yeah right. Give me your ID right now! Come on!

The other officer - I could not see his number - was just smiling. He didn't say anything to Officer #1849 or me. He just chuckled and stood behind Officer #1849, to my left. A person stepped out from the apartment building.

Woman: "Uh… Can you help us in here?"
Other officer: We'll be there in a minute.

Me: I don't have any ID on me. I can go into my house (I point to my house two houses away) and get my ID if you'd like.
1849: Oh yeah, what do you have in here? (He grabs for my backpack).
Me: Whoa! (I turned away) None of your business.
1849: What about here? (He reaches for my pelvis area, and I placed my hands in the way to block him.
Me: I can go into my house and get my ID for you.
1849: (He sighs like he's frustrated). Go get your ID then. I'll keep this here until you come back. (He then grabs my bike from right under me and parks it next the police car).

Let me say here that I was incredibly threatened physically. This officer was literally less than a foot from my face, shouting at me at midnight in the middle of a residential neighbourhood, over a passing comment about his lousy parking job. I turned away and went into my house. Immediately inside, I called a good friend who is also my lawyer (Markus Buchart) as I looked for my ID. Luckily he was awake. I told him what was happening and that the police were harassing me because I made a comment about their parking. He advised me not to go outside. I told him I had to, to get my bike back. So he suggested staying on the cordless phone while I talked to the officers. So I went outside with my wallet and cordless phone. I fished out my ID and then spoke into the phone what I was doing.

Me (talking to my lawyer): I just gave them my ID.
1849: Who are you talking to? Hang up that phone.
Me: I don't need to hang it up.
1849: Hang up that phone! Hang it up. Now!
Me (talking to my lawyer): He's telling me to hang up.
Buchart: You don't have to hang up the phone.
1849: Hang up that phone!
Me (talking to my lawyer): He telling me to hang up, what do I do?
Buchart: Don't hang up the phone.
1849: Hang up that phone right now!
(He then steps really close to me and grabs for the phone. I turned to my right, refusing him the phone).

Me (talking to my lawyer): Can you hear him?
Buchart: Yes, very well.
1849: Hang up that phone!
Buchart: Tell him you're talking to your lawyer.
Me: I'm talking to my lawyer.
1849: (he seemed irked when I said 'lawyer'). Hang up that phone now!!
Me: I don't have to hang up the phone. We can talk.
Buchart: Let me talk to him. Me: Here. (I pass the phone to Officer #1849)

The officer listens to the phone for about 5 seconds. (He appeared so livid I thought he was going to throw the phone across the street) Officer #1849 rolled his eyes and started to speak at first as if to interrupt the person speaking.

1849 (to my lawyer): Listen, I don't care! He doesn't need a lawyer. He can talk to you when we're done with him. (He then hung up on my lawyer - no goodbye, he just shouted at my lawyer and then hung up on him). 1849: (right after hanging up) You think you're pretty smart, eh?
Me: I don't…
1849: Just stop. (He hands me my cordless phone) You wait here, I'm going to give you a ticket.
Me: What am I..
1849: Just stay quiet! Just wait there and keep your hands where I can see them. The two officers then went into to the apartment building.
1849: (as he was walking into the building) Keep your hands where I can see them!

(My arms were crossed) At this point, I felt like the officer would shoot me even if I moved towards my bike. I waited about 15 minutes before Officer #1849 came out.

Me: Could I get that ticket please?
1849: I'll give you your ticket when I'm ready to give you my ticket!
Me: Uh, okay.
1849: You want to get snarky with us? I'll give you a ticket. And you'll wait there until I make the ticket. Got it? I'll show you something. You should have just stayed quiet.
Me: Okay, okay. I got it. Just relax okay. I heard you the first time.
1849: I am relaxed, it's you. (You have to realize he's shouting at me from his driver's side door) I'm going to teach you a lesson "Mister I know my rights".
Me: Just breathe, okay, just breathe. Calm down buddy. You're getting really excited over nothing.
1849: I'll show you. I'll give you a ticket and that should shut you up.

Another 15 minutes pass. During this time, another police car came (#116). They stopped to give Officer #1849 some forms and one of the officers explained what the form was for. Officer #1849 then sat in his car for quite awhile reading several pages of something. Then Officer #1849 came out of his car. He calls me to the car. 1849: Come here. (I walk over to him)

Me: Yes.
1849: What's your address?
Me: Well, right here. ** *** Street.
1849: What suite?
Me: None, I own the house. (He pauses and gives me a weird look)
1849: What's your postal code?
Me: R3C *** (10 seconds pass)
1849: Go back over there until I'm done with you. Now!

I walk back over to the front of the car where the lights are shining on me. I felt incredibly humiliated in the middle of the night, while my neighbours looked out their windows at me. The officer made me stand in front of the police car with its bright headlights on me. Another 20 minutes passes and he comes out of his car. During this time, my lawyer called me back. He asked me how things were going and I kept him up the speed as recorded here.

1849: Come here! (I walk over to him)
Me: Yes.
1849: Here's your ticket. You can take it to court if you'd like.
Me: What is the ticket for?
1849: Failing to signal right when meeting with a car.
Me: What car? 1849: There was a car. Me: Where was this car?
1849: Here's your ticket.
Me: Where was this car?
1849: Down there (he points down the sidewalk, to the South). Now, here's your ticket. It's a $105 fine. You can take it to court if you want.
Me: What was your name?
1849: My number is on the ticket.
Me: Uh, okay. Thanks for your name.
(This apparently outraged the officer; he turned around and shouted at me)
1849: What did you say?!
Me: Oh, sorry nothing. I misspoke, my mistake. Thanks.

As I walked away with my bike, Officer #1849 said:"Remember this next time you want to beak off to the police."

I said nothing. I just kept walking. There was no point. The whole time, I felt that Officer #1849 was trying to start a fight with me. He shouted in my face, and challenged my rights. This officer proved to me that he wasn't up to the task of being reasonable. So, this is how I see it. I got a traffic ticket because I "beaked off" not because I actually committed a traffic error. Doesn't seem like justice to me at all. I get shouted at, treated like a criminal, threatened and was forced to wait almost a hour in the middle of night in front of the police car's headlights - over a traffic violation? This is by far the worst experience with the Winnipeg Police Service I've ever had in my life. This officer just made up an imaginary traffic crime and tells me outright that he gave me the ticket because I "mouthed off" - not because I did anything wrong. Right from the beginning, he didn't tell me what I was being charged for. And when asked for the ticket, he stated that he was taking his time on purpose. He simply made up the offense in the end.

First off, I wasn't even speaking to either officer. I was talking audibly to myself as I passed. But I feel that it was more than my simple comment than angered Officer #1849. When he caught me looking for his number on his shoulder, he became upset. That's when he declared he was going to give me a ticket, so he could give me his badge number. When I refused him to search my book bag and pockets and again when I returned from my house with my lawyer on the phone, his face expressed anger and he only shouted more at me. To demand that I keep my hands "where I can see them" is just outright ridiculous, if not humiliating. He got upset with me purely because I knew my rights, not because I had actually committed a crime.

I was forthcoming with the said officer, providing my ID and information. I did not run away and I addressed the officer in a polite manner. But I still got a ticket for something that never even happened. I couldn't even reason with Officer #1849. He acted very irrational. At no time, was Officer #1849 polite, professional or patient. It also concerns me that the officers felt they had 10 minutes to spare to harass me over a fake traffic ticket, while someone who called the police was waiting on them.

• Officer #1849 disregarded his duty to attend to the call which they arrived for
• I was unlawfully detained without cause for an unreasonable amount of time
• I was refused my right to speak with a lawyer
• I was needlessly shouted at and humiliated
  in the middle of the night in front of my neighbours
• My bicycle was withheld from me without cause
• I wasn't even informed of what I was being charged with
  until after I released, despite several inquiries during detainment
• I was falsely charged with a traffic offense

-------

In March 2005, I resigned as Co-ordinator of the West Broadway due to lack of confidence in the Winnipeg Police Service.

Traffic Court Trial

(I'm still trying to obtain the court transcript for accuracy)

On April 18th, I had to attend court to contest my "Failing to keep right when meeting a moving vehicle" ticket (fine $105). Before I was to contest my ticket, officer #1849 stood walked around me without reason and gave me dirty stares. He stood again near me and spoke to two other officers who asked him what he was doing here. He told them "..these people, they call their lawyer when they get a ticket. It's just BS." He then went on to call me a "loser" while laughing in my direction. This actually made me feel better, knowing that he was even lying to his co-workers about what really happened. After awhile, my lawyer (Markus Buchart) joined me at the courtroom for morale support and to take notes for my LERA (Law Enforcement Review Agency) complaint.

Officers Smith (This is officer #1849; I will not release his first name for his protection) & Creighton testified by reading the notes they took. I obtained a copy of their notes a week before the trial by calling the Crown Attorney's office (945-2852). Here is a copy of the notes taken by Officer Smith. Officer Smith added that I made a "derogatory comment towards the unit". The Judge (Magistrate Sundstrom) chastised Smith for adding that in his notes and called it "irrelevant" to the ticket. Officer Smith went on to say that I went into my house and "was talking on the phone for 15 minutes in his house, before he came out with his phone." Officer Smith revealed the nature of the service call; which was a suicide attempt.

(This shocked me! I had restrained myself from rolling my eyes or shaking my head when the cop blantantly lied on the stand during traffic court. But after hearing this, I couldn't even look at officer Smith. I found it disgusting that the officers were called to a suicide call and they took the time to give out a traffic ticket along the way. Now I understood why the woman came out of the building to ask for the police and seemed to be in panic.)

I got to cross examine officer Smith - I was rather surprised to learn that I could cross-examine the police! I asked how long I was in my house. Smith replied that I was in there for 10-15 minutes. I asked him if that concerned him that I was in my house for so long. He said no.

I was only in my house for about 2-3 minutes.

I asked him how long he detained me for and he looked in the air and said "thirty minutes, maybe 25."

Not true, it was closer to 50 minutes. I just looked him in the eyes on both questions; he lied to my face. I didn't care if anyone else believed me, I know, officer Smith knows; he's a liar. At least I can respect myself.

There was no point questioning the officer anymore and I excused him. Officer Creighton was called and I asked him how long I was in the house for. He answered that it was no more than ten minutes. I asked him if it was more like five minutes and he said "I can't recall". I asked him if he saw me exit my house with a phone in my hand. He said yes I did have a phone. I asked him if his partner (Smith) had talked on my phone. He said I should ask Smith that. I asked him again, if he saw Smith talk on my phone.

Despite testifying that he was standing next to the car earlier in the trial, Creighton then said he was in the car. I asked him if he was the driver of the car. He said no, he was the passenger. Then I went over the facts; they got out of the car, I biked by making my 'little' comment, Smith stopped me and then Creigton went back into the car while I got a ticket and a man was trying to kill himself? Creighton answered that he could not "recall".

Essentially, Creighton refused to lie for his partner. The funny part came when it was the Crown Attorney's turn to cross-examine him. He had his head in his hands and he just said "No questions."

I then called my lawyer as a witness. The Crown Attorney tried to have him thrown out, stating that my lawyer did not witness the offense (BECAUSE THERE WAS NO OFFENSE!!) so could not be a witness. The judge denied this motion, stating that he would rule what was relevant and wanted to hear the facts surrounding this. My lawyer testified that I called him as he was going to sleep. He said I was panicky and he told me to calm down. He talked to me for a bit, then an officer came on the phone and the officer asked "who is this". Markus testified that he identified himself as my lawyer and the officer hung up on him. Markus then told the judge that he tried to call me back, but called me on my business line by mistake. Then he explained that he knows me primarily as a business lawyer for New Winnipeg Webhosting.

Markus said he finally reached me again around 12:30pm and talked to me, and had considered walking over to my house as he lives only a few blocks away. Markus said he was very concerned by my phone call.

While the Crown Attorney had no questions, I asked Markus if the officer told him of my offense and Markus replied that no, "he just hung up on me". Then I testified as my LERA complaint was. I stressed that I received the ticket because the officer caught me looking at his badge number, and refused him to search my bookbag and pockets. He became more upset when I told him my lawyer was on the phone. I told the judge about the comments the officer had made like "I'll teach you a lesson" and "Mr. I-know-my-rights" and that I was told to "shut up" when I asked what I was being detained for.

In the end, the judge asked why he should find me not guilty. It was actually refreshing to just have a kind of honesty stage like that. I told the judge that I always obey traffic laws, and that bluntly this ticket was harrassment.

My laywer recorded the judge's ruling as: "I have reasonable doubt as to the veracity of the witnesses called by the Crown (police officers) — all of them. I enter an acquittal. [To Alex Reid] You're free to go."

This case is still before LERA - to examine the behaviour of the police officer. LERA says it is comparing the traffic court transcripts to the officer's statement to LERA.
I'm still asking that officer Smith receive anger managment therapy. I'm flexible enough to allow the man to keep his paying job, but it is my solemn belief he has serious issues.

Before I even know what my complaint result will be..

I must say that I have little confidence in the turnout, or the Winnipeg Police Service after this case. I've worked with Police for many years as a community facilitator, and despite the few who do care and try their best to make a positive change... their good work seems disabled by egos higher up. I run a small/medium business, so I can relate and talk from experience to management and public relations. The way the Winnpeg Police complaints are dealt with only disappoint me further.

Frankly people like #1849 ruin it for everyone.

~ August 18, 2005

Only when I see proof of an effort of rehabilitation, I'll retract my complaint.