WARNING: Disturbing content.
A Calgary police officer shown throwing a handcuffed woman to the ground face-first in a disturbing video released in court in October has been found guilty of assault causing bodily harm.
The charges against Const. Alex Dunn stem from the arrest of a woman in 2017.
Judge Michelle Christopher gave her decision at the Calgary Courts Centre Thursday and found Dunn guilty of assault causing bodily harm.
Christopher said in her decision that Dunn’s version of the events could not be believed.
Video of the Dec. 13 arrest shows Dunn escorting a woman, Dalia Kafi, into the arrest processing unit to have her picture taken.
Kafi is seen standing still against a wall with her hands handcuffed behind her back when Dunn attempts to remove a scarf from her head, at which time she pulls away.
Dunn continues trying to pull the scarf off Kafi’s head as she struggles to stop him.
Eventually, Dunn is seen throwing the handcuffed woman face-first to the ground.
Later, blood can be seen on the ground where her face hit the floor.
During the trial, the defence suggested that Dunn believed that Kafi had slipped her hand out of her handcuffs and therefore could have used them as a weapon.
Lawyer Cory Wilson argued for that reason, Dunn used what is called a “dynamic takedown.”
Christopher said Thursday that “she did not believe that this situation would lead to a dynamic takedown,” and that contrary to what Dunn testified, that she did not believe Kafi would have been able to grab his wrist from the position she was in.
Defence lawyer Cory Wilson said that an appeal is likely coming and that his client believed he would be found not guilty.
“It’s just difficult when we have put forth a defense that wasn’t contradicted by anybody,” Wilson said. “That wasn’t denied by the unfortunate victim in the situation that was thrown down, she didn’t deny what she did. And yet the finding being that it didn’t happen — that’s very, very concerning to my client.”
Wilson had conducted a demonstration in court as part of the defense in an effort to show how it could be physically possible for Kafi to have grabbed Dunn’s wrist.
“He said he did not intend to take her down as he did. And that was just … the greatest of respect overlooked by the trial judge.”
Dunn was charged in 2019 at which time he was suspended with pay — but later returned to work with the Calgary Police Service.
The CPS said in a statement Thursday afternoon that Dunn’s current assignment — administrative duties — is under review in light of the conviction.
The incident was first flagged by a supervisor who saw it unfold, which led to the charges, police said, adding the video of the interaction is “difficult to watch.”
“The criminal trial is not the only step in the accountability process for this incident,” police said.
“Const. Dunn is also the subject of an internal investigation which will measure his actions against the expectations of our service and the community.”
The CPS said the judge’s reasons for conviction, evidence presented in the case and the conviction itself will be factors in the investigation.
“Police officers are trained and expected to de-escalate conflict where possible. When they must use force, they are expected to use the least amount of force necessary to safely resolve a situation,” CPS said.
Pending the results of the internal investigation, CPS said Dunn could face penalties “up to and including dismissal.”
He will be sentenced on Feb. 4, 2021.
– With files from from Jessie Weisner, Global News