Former Saskatoon police officer Jarett Gelowitz said he was doing what he needed to control a suspect when he delivered two punches to the face, a thigh strike to the upper body and a punch to the lower body.
The 32-year-old took the stand on day three of his assault trial, describing the pursuit, takedown and arrest of a suspect who was driving a stolen vehicle in December 2016.
During a 13-minute pursuit at speeds of up to 160 km/h, Gelowitz said he was worried about the Hyundai Tucson’s possible connection to an armed robbery, gangs or guns.
The longer the pursuit lasted, the more concerned the former officer said he became about the driver’s motive for fleeing police.
“I was becoming increasingly anxious,” Gelowitz testified.
When the vehicle finally stopped near Ruth Street and Underwood Avenue, Gelowitz said he approached the driver’s door of the SUV.
The dashboard cameras of nearby squad cars recorded his interactions with the driver, Kehler Bear.
WARNING: This video may contain violent content. Discretion advised. Dashboard camera video shows alleged Saskatoon police assault
Gelowitz testified that he briefly saw the suspect’s hands up, facing the smashed out window. Then, according to the accused, he saw Bear lower his hands from sight before the driver lit a cigarette.
Officers were shouting commands, but Bear “didn’t give a crap about what we had to say,” Gelowitz said.
Without being able to “press the pause button” and with “extremely limited” options, the former officer reached into the vehicle where the driver was “absolutely resisting,” according to Gelowitz.
Court heard there wasn’t enough space to use a police-issued baton, while a Taser or pepper spray could have harmed other officers on scene.
He delivered two punches to Bear’s chin or cheek and said an attempted kick and kneeing motion didn’t connect, the former officer said.
“This was happening in a matter of seconds. It was a very frantic scenario,” Gelowitz testified.
He denied kicking Bear in the face, which the driver alleged earlier during trial.
Under cross-examination by Crown prosecutor Jennifer Schmidt, Gelowitz acknowledged he also struck Bear with a closed fist to the lower body in order to grab his hand for cuffing.
Defence lawyer Brad Mitchell asked if such a punch was an approved policing technique and Gelowitz said it was.
While Gelowitz said he was worried the suspect could reach for a gun, Schmidt argued he could see Bear’s hands nearly the entire time. At one point, he said he lost sight of the suspect’s right arm.
“You didn’t know where it was because you failed to be aware of your surroundings,” Schmidt suggested.
Through his testimony, Gelowitz said he didn’t consider Bear “under control” until he was handcuffed and in the back of a police car.
Whenever a Saskatoon police officer uses force, she/he must fill out a report explaining what happened and why the force was used. Gelowitz’s report received approval from his supervisor and the police watch commander, according to the accused.
At one point, Gelowitz faced two other assault charges arising from separate incidents. One charge was withdrawn, while the other hasn’t seen a preliminary inquiry.
Gelowitz was fired in August 2018, with Saskatoon police Chief Troy Cooper saying it was “based on a pattern and based on concerning events.”
The defence plans to call expert testimony on Thursday involving the dashboard camera video. Closing arguments are expected Friday.
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