A Halifax Regional Police officer has been acquitted of assault in relation to an incident that took place at a downtown Halifax bar two years ago.
Constable Derek Fish, 49, was deemed not guilty of using excessive force on an intoxicated man early on April 27, 2017 outside what was, at the time, Cheers Bar and Grill on Grafton Street.
Judge Rickcola Brinton said the conduct of police officers must not be judged against “a standard of perfection” in an occupation that often puts personal safety at risk, noting that bar was in a part of Halifax known for “assaultive behaviour.”
After viewing security footage of the altercation, she determined that Fish’s use of force was justified under the circumstances.
“I’m just glad the judge saw the case for what it was,” said Fish in an interview at Halifax Provincial Court on Friday. “It’s been a very stressful two years, it’s been very hard on my family.”
Since the charge was laid, he explained, threatening statements have been made against his children and ex-wife.
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According to Brinton’s written decision, two men – Jaret MacNeil and Adam Currie – were celebrating the completion of their exams that night. They left the bar around 1:30 a.m., when security footage captured them talking to the bouncer.
Fish and another officer approached the conversation and asked them to move along. Fish testified in court that when MacNeil approached him, he made physical contact and told Fish, “I should kick your ass.”
That’s when Fish delivered an open-hand strike and brought MacNeil to the ground. The judge noted that the tape shows MacNeil using his body to resist the officer. Both MacNeil and Currie were arrested for public intoxication.
The altercation that occurred, said Brinton, was the result of MacNeil’s actions and not Fish’s. In other words, there would have been no force used at all had the man not escalated his interaction with the officer.
She did, however, note that there were inconsistencies between Fish’s notes from that night and his testimony, in addition to credibility questions around the testimony of both MacNeil and Currie.
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Nova Scotia’s Serious Incident Response Team (SiRT) first investigated the incident in response to a complaint that a member of the public’s cellphone video had been deleted by a cop. That investigation was concluded without charges, but in its course, SiRT came across more information that led to a separate investigation on excessive use of force.
In retrospect, Fish said a body-camera would have been helpful in clearing his name more quickly.
“I think a body-cam, which would catch the audio, would have been helpful in this incident for myself,” he said. “I think that’s something that would be worth the money to help officers, because the large majority of allegations are false.”
He thanked his lawyer, the union, and a small group of officers that have stood by him throughout the process. He said the idea that there’s a “blue line” of loyalty between officers is false, and that cops are ultimately truthful.
“Things have changed in society in general and policing in general,” he told Global News. “There’s more accountability, which is a good thing. But in both cases, the force I used was an adequate and appropriate response.
“There has to be a better judgement or review of incidents like this so other officers won’t have to go through the same stress that I have.”
Fish was charged, and acquitted of assault, in relation to an arrest he made outside a Halifax Dairy Queen in August 2014.
He was put back on patrol after the April 2017, but has recently been off-duty for an unrelated workplace injury.
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