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Alberta RCMP officer charged with assault with a weapon after Nisku handcuff incident

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An Alberta RCMP corporal has been charged with assault causing bodily harm and assault with a weapon after a man was arrested in Nisku, Alta. in November 2017. Susan Hughson with ASIRT said the officer is alleged to have used physical force during the arrest, and handcuffs to strike the man – Jan 24, 2019

A 37-year-old RCMP officer has been charged with one count each of assault causing bodily harm and assault with a weapon after a violent arrest of a suspect in Nisku in 2017.

On Nov. 15, 2017, the Alberta Serious Incident Response Team (ASIRT) was asked to investigate the arrest of Luke Fitzowich. The 26-year-old was under arrest for possession of stolen property, RCMP said.

READ MORE: Alberta RCMP officer charged with assault in connection with off-duty incident

ASIRT executive director Susan Hughson said the officer involved entered a gas station, “where a confrontation occurred” when the suspect was placed under arrest.

It was alleged the officer used physical force and handcuffs to strike the man.

Following the arrest, it was determined the 26-year-old man had sustained serious injuries, including an orbital floor facial fracture, Hughson said.

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Evidence presented reasonable grounds to investigate a possible offence, and the case was forwarded to Alberta Crown Prosecution Services. Later, the Crown said the case met standards for prosecution.

Therefore, Cpl. Peter MacMillan was charged with assault causing bodily harm and assault with a weapon (the handcuffs). An internal code of conduct review is also underway by the RCMP.

READ MORE: ASIRT investigating altercation involving Lethbridge police officer caught on video

MacMillan, who has 16 years of service with the RCMP, is a member of the Central Alberta District Crime Reduction Unit, the RCMP said. He has been suspended with pay and will remain off duty until the internal review and the criminal charges have been resolved.

He is scheduled to appear in Leduc provincial court on Feb. 28, 2019 to face to the charges.

Since the matter is now before the courts, ASIRT will not comment further.

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