Fired Saskatoon police officer Jarett Gelowitz found not guilty of assault

A judge has found fired Saskatoon police Const. Jarett Gelowitz not guilty of assaulting a man during a December 2016 arrest.

Friends and family applauded in the courtroom after Justice Richard Danyliuk ruled Gelowitz, 32, used justifiable force in a “highly stressful and hazardous situation.”

The former officer delivered two punches to Kehler Bear’s face after a 13-minute police pursuit that ended near Ruth Street and Underwood Avenue in Saskatoon.

Bear, who was 18 at the time, was not complying with verbal commands and resisting arrest, according to the judge. Four officers were involved in the effort to pull Bear through the smashed out window of a stolen Hyundai Tucson.

Dashboard camera video showed Gelowitz knee Bear in the upper body. The defence previously characterized it as a “pivotal moment” to control the suspect, while the Crown called it “unnecessary and gratuitous.”

WARNING: This video may contain violent content. Discretion advised. Dashboard camera video shows Saskatoon police arrest

0:57 Dashboard camera video shows Saskatoon police arrest

The judge said the focus of the proceedings was a period of roughly 30 seconds.

During trial, retired Vancouver police officer Joel Johnston appeared as an expert witness for the defence. He testified that Gelowitz’s knee strike was justifiable and in line with law enforcement training.

“He was a strong, independent witness,” Danyliuk stated in his written decision, saying he has no hesitation “putting substantial weight upon his testimony.”

Prosecutor Jennifer Schmidt said the Crown needs time to review the judge’s 50-plus page decision before deciding whether to appeal.

“It was a case that needed to be taken to trial, and Mr. Gelowitz — despite his status as a former police officer — was treated like any other person charged with an offence would have been,” Schmidt told reporters.

Defence lawyer Brad Mitchell described the court proceedings as “a long haul” for Gelowitz, who Mitchell said was elated by the outcome.

“He always maintained that he wants to continue on as a police officer, but we still have to address that,” Mitchell said.

Gelowitz previously faced an assault charge and aggravated assault charge from two other incidents, but the Crown opted against taking either to trial.

Pringle said Gelowitz’s firing happened without due process and his reinstatement “is only the first step” in compensating the former officer.

He should also receive back pay for his firing, and the SPA wants its own legal fees repaid, Pringle said.

Saskatoon police are reviewing the recent court rulings, according to a statement on behalf of the force’s chief.

“The decision to dismiss the former constable was based on unsuitability for service and not based on criminal proceedings,” Cooper said.

“The Saskatoon Police Service relies on public confidence and works hard to sustain the trust Saskatoon citizens have in our officers.”

An independent hearing officer will hear Gelowitz’s appeal of his dismissal on Sept. 16.