A former Toronto police officer says the outcome of the cases of two Saskatoon constables in the canine unit each charged with aggravated assault will come down to credibility.
“The justice or trier of fact will determine police weight on someone’s testimony,” use-of-force expert Steven Summerville told Global News.
“There also may be independent civilian witnesses that may be able to give a better, broad view as to what actually did transpire,” Summerville added.
Const. Cole Miklautsch and Const. Dennis Baron, both SPS members assigned to the canine unit are each facing a charge of aggravated assault stemming from their response to two separate, unrelated incidents.
The officers are charged in regards to a July 2019 and June 2020 incident.
In the July 2019 incident, Saskatoon police say patrol officers saw a man, who identified himself to Global News as Justin Soroka, in a vehicle wanted on outstanding warrants.
They attempted a traffic stop but SPS said he refused to stop. The Air Support Unit monitored the vehicle from above and led police to an alley where the suspect left the vehicle and fled on foot.
“Const. Miklautsch began issuing commands for the suspect to stop, however he continued to flee. The police service dog was deployed and engaged the suspect as other officers attempted to take him into custody,” SPS police chief Troy Cooper said at a press conference Thursday.
Soroka, however, alleges he was in an alley when he was tackled by four officers.
He said he was using drugs and drinking at the time of the incident and was “screaming” and “freaked out”.
“I (had) almost 1,000 lbs of man and muscle on top of me, (I was) just trying to breathe for crying out loud. There’s no way I (was) going anywhere,” Soroka told Global News on Thursday.
Soroka alleges he heard one of the officers tell him to stop resisting or he would release his dog.
Soroka said the dog bit him and he blacked out instantly. He was treated in hospital for the bite and said he underwent three skin grafts and is still unable to walk normally.
Summerville said dogs are only deployed in certain situations.
Summerville said police dogs must be well-trained, under the handler’s control and only deployed in the appropriate situation.
“Dogs would be deployed if someone is causing or is about to cause another person bodily harm or is fleeing an incident or hiding,” Summerville said.
“There’s circumstances where the courts will look at reasonable grounds for immediate apprehension involving a police dog.”
The officers are scheduled to appear in court on May 18.