Former Saskatoon police officer Jarett Gelowitz was in line with law enforcement training and best practices when he delivered multiple physical blows to a suspect following a December 2016 police pursuit, court heard Wednesday.
Retired Vancouver police officer Joel Johnston said Gelowitz’s actions need to be viewed based on situational factors, describing his altercation with Kehler Bear as a “high level, criminal-suspect encounter.”
After a 13-minute high-speed pursuit, Gelowitz was one of a group of officers who pulled Bear from the driver seat of a stolen Hyundai Tucson. He acknowledges delivering multiple punches and a knee or thigh strike during the arrest.
The 32-year-old has pleaded not guilty to assault.
Gelowitz deployed a “low level of intervention, given the gravity of the situation,” said Johnston, a defence witness deemed an expert, meaning he can offer his professional opinion in court.
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After two punches to the driver’s face, Gelowitz has said the driver kept resisting. During Wednesday’s testimony, the former officer said his thigh struck Bear’s upper body and the suspect went to the ground.
Given the context of a resisting subject, Johnston said the knee strike was appropriate. He also referred to kneeing as one of the most commonly trained tactics for police officers in North America.
WARNING: This video may contain violent content. Discretion advised. Dashboard camera video shows alleged Saskatoon police assault
Under cross-examination by the Crown, Johnston said a punch, kick or knee were all justifiable given the circumstances. He also noted that in stressful situations, officers can grapple with tunnel vision and may not hear all sounds.
Earlier during trial, Bear testified that an officer kicked him in the face. Taking the stand in his own defence, Gelowitz denied kicking him. A baton, Taser and pepper spray weren’t suitable options either, according to Gelowitz.
The former officer also said he was “becoming increasingly anxious” during the high-speed pursuit, worrying about the stolen vehicle’s possible connection to an armed robbery, guns or gangs.
In August 2018, Saskatoon police Chief Troy Cooper announced Gelowitz was fired from the force, as the constable faced three assault charges at the time.
One count is being contested during the trial, while another hasn’t reached the preliminary inquiry stage. The third count was withdrawn.
The Crown and defence are expected to deliver closing arguments Friday. Court of Queen’s Bench Justice Richard Danyliuk said he expects to deliver his verdict this summer.
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