An RCMP constable from the Cold Lake Detachment is now the subject of a statutory investigation into his conduct during an on-duty incident that took place in the early hours of Saturday, September 22, when he was called to a party near Cold Lake.
The RCMP say three members from the Cold Lake Detachment responded to a complaint of approximately 100 intoxicated people causing a disturbance in a parking lot at 1 am on Saturday. The call came from one of the organizers of a birthday party being held at the community hall outside Cold Lake. The caller asked for police assistance in dispersing a crowd of guests. RCMP say they had already made trips to the hall twice before this third visit, and the hosts of the party had already been warned about minors consuming alcohol at the site.
RCMP say when the responding officers tried to break up the crowd, an intoxicated man refused to leave and began to display aggressive behaviour towards the officers. They describe the man as large; approximately 5’10’’ and about 300 pounds. RCMP say the aggressive behaviour of the suspect – now identified as Richard Claybert – was increasing, and the crowd was encouraging him to fight the police, so the responding officers decided to arrest him for causing a disturbance.
RCMP say Claybert was told he was under arrest but wouldn’t comply with verbal commands, so they used pepper spray and a police baton. Two officers arrested him, while the other controlled the crowd. RCMP say Claybert eventually got down on the ground, where officers say he resisted their attempts to handcuff him.
A video, taken by a witness and released to Global News, shows the incident; with one of the officers – with roughly 3-5 years on the job – kicking Claybert in the face with his right foot.
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When asked during a news conference Wednesday in St Paul, if he would have done the same thing, Superintendent Randy McGinnis, Officer-in-charge for Eastern Alberta District RCMP said, under those circumstances, he would have.
He said the “stun technique” is used by RCMP; however, they typically use their palm, not a foot. McGinnis said the purpose of the technique is to stun the person in order to get them under control. He added its use in this specific incident initially concerned him, but later noticed Claybert did not have any bruises on his face when he was released from custody the following day.
“I can assure Albertans, and those involved, that I have been made aware of the video and have ordered a full review,” said McGinnis on Wednesday.
“While I understand my officers were confronted with a volatile and potentially dangerous situation, we will look into the incident to assess if police actions were warranted, appropriate, or excessive.”
“Every story has more than one side,” added McGinnis. “Albertans and all those involved expect that we will conduct a full, complete and impartial review of the incident, and we will.”
Claybert, who’s in his early twenties and hearing impaired, says he was at the birthday party and was planning to sleep in the camper attached to his pickup truck in the parking lot. He says RCMP told him to find a way home, and that the truck would be towed and impounded.
“I got kind of frustrated, so I turned away to walk away from it,” said Claybert. “And apparently the cop said, as I was walking away, that I was under arrest. I didn’t hear anything and my friends said they didn’t hear anything either.”
Claybert says he was then pepper sprayed in the face and hit with a police baton on the back of his leg. He continued to argue with the officers before giving in.
“Finally, I … wanted it to end, so I got down on my stomach and put my hands behind my back,” he said.
RCMP say two sets of handcuffs were required. Claybert was taken into custody in the early hours of Saturday, September 22, without further incident. He spent the night in custody and was released. McGinnis says RCMP were unaware of Claybert’s hearing impairment until officers interviewed him that morning. Officers say he had no apparent injuries upon his release. He’s scheduled to appear in court October 24th in Cold Lake.
RCMP officers say they did not receive any public complaints regarding the use of force in this arrest.
The constable involved in the incident will return to work in an administrative role while the investigation takes place. The investigation will determine whether the officer used excessive force during the arrest and will be led by a senior RCMP officer.
With files from Laurel Clark, and the Edmonton Journal
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