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Assault trial for Kelowna, B.C. RCMP officer nearing its end

The Kelowna Law Courts. Global News

The trial for a Kelowna RCMP officer who was involved in a high-profile and seemingly violent arrest that was caught on video is nearing its end.

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Crown council’s final witness in Const. Siggy Emmit-Steven Pietrzak’s trial assault relating to a May 2020 arrest, was in court Friday.

Alberta RCMP Staff Sgt. Leonard McCoshen is expected to offer expert testimony on, among other things, what constitutes excessive force and the training RCMP officers gain to address that issue.

Whether that testimony will be entered into the court record is contingent on the results of a voir dire, which is being held to decide the admissibility of his testimony.

That process started with an exhaustive examination of his qualifications. They are voluminous, go back 31 years and include being an instructor in use-of-force training and being an on-the-ground officer himself.

Thus far, Crown Counsel has called nearly a dozen witnesses. As of Friday, Pietrzak’s defence lawyer said they would not be calling witnesses.

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If that remains the case, when the trial resumes later this month, that’s when closing arguments will likely get underway.

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Multiple officers who were involved in the arrest or its aftermath are among those who have already testified.

In May, Kelowna RCMP Const. Regan Donahue testified he arrived on the scene in response to a call from Const. David Carter for assistance at a traffic stop.

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Donahue said he saw Carter holding a man’s arm, and that Carter advised him he had made a breath demand and placed the man under arrest for obstruction. In short order, a conflict started.

Both said they were grateful for Const. Pietrzak’s intervention — and if not for it, the situation could have gotten much worse.

In a separate lawsuit launched over the incident, the arrested man argued the two officers had “total control” of his movements and he “was never a threat.”

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The RCMP said Const. Pietrzak is currently suspended with pay and an internal code of conduct investigation is ongoing.

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