An Okanagan man whose arrest in downtown Kelowna, B.C., was captured on witness video two years ago, told the court he remembers the moment he was hit but not fighting back.
Tyler Russell, 32, testified Thursday at the trial of Const. Siggy Pietrzak, the police officer accused of assaulting him during the May 2020 arrest.
It was a Saturday almost two years ago when, Russell said, he had given his keys to his brother and was sitting in his work truck waiting for a ride.
He said he gave his brother the keys because he knew he was intoxicated and didn’t want to drink and drive.
When police asked Russell for a breath sample, he said he refused because he wasn’t driving.
Russell told the court that eventually there were two cops, one on either of his arms, trying to get his hands together to handcuff him.
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Russell admits he was struggling with officers trying to keep his hands apart to avoid being handcuffed for something he said he didn’t do.
However, he denied fighting with officers.
“I felt like they were trying to arrest me for drinking and driving when I was not drinking and driving,” Russell told the court.
Russell testified another police officer showed up and he remembers being struck two to four times.
“I remember some punches to the face and that’s kind of all I remember, and then my next memory is being in a police vehicle,” Russell said.
The Kelowna man told the court he couldn’t protect his face when he was hit because both his hands were being held by police officers.
The officer accused of delivering those punches, Const. Pietrzak, is facing a single assault charge in relation to the incident.
Earlier Thursday, a fellow officer who was on scene during the arrest testified Russell was exhibiting threat cues, and was kicking back when the officer attempted leg sweeps.
Const. Regan Donahue told the court he had also considered using a taser or punching Russell.
“Fair to say that you were considering exactly the same options that Const. Pietrzak had ultimately used,” Pietrzak’s lawyer said to Donahue.
“Correct,” Donahue responded.
Russell denies he kicked anyone.
Const. Pietrzak remains on paid leave from the RCMP.
The case is scheduled to be back in court for three more days of trial.
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