An investigation into an Edmonton police officer’s use of force while making an arrest in 2019 has led to charges being laid against the constable.
In a news release issued Wednesday afternoon, Alberta’s police watchdog said Alexander Doduk has been charged with assault with a weapon and assault causing bodily harm.
“On Nov. 26, 2019, the Alberta Serious Incident Response Team was directed to investigate a use of force by an Edmonton Police Service officer,” the watchdog said.
“(Our) investigation focused on whether the EPS officer employed excessive force, including the alleged use of a baton, while arresting a man on that date.
“Evidence gathered during ASIRT’s investigation provided reasonable grounds to believe that an offence had been committed. As required by the Police Act, the investigation was forwarded to the Alberta Crown Prosecution Service to determine whether the evidence met the standard for prosecution.”
ASIRT said it was told the evidence “met the ACPS’ standard for prosecution” and a decision was made to lay charges against Doduk.
ASIRT said the chain of events that led to the use of force began at about 8:35 a.m. on Nov. 26, 2019.
“An EPS officer was driving in a marked police vehicle when he observed two men apparently involved in a dispute over a broken window on the west side of 97th Street, north of 103A Avenue,” ASIRT said. “The officer stopped his vehicle and got out to investigate the dispute. While placing the first man under arrest, the 38-year-old man intervened.
“When the officer subsequently tried to arrest the 38-year-old man for assaulting a peace officer and place him in handcuffs, a struggle ensued resulting in the officer using physical force and his police baton.
“The 38-year-old man was subsequently transported to hospital where he was treated for a broken nose, as well as bruising to his face, ribs and left shoulder. He was also noted to have a chipped tooth.”
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ASIRT is tasked with investigating incidents involving law enforcement officers in Alberta that have resulted in serious injury or death, as well as “serious or sensitive allegations of police misconduct.”
Global News has reached out to EPS for comment.
This is not the first time Doduk’s use of force has come under scrutiny.
Last year, Doduk, along with the EPS and another officer, were named in a lawsuit filed by the family of Steven Nguyen, a man who died after being shot multiple times by police in 2021.
The lawsuit’s statement of claim argues such force was “unreasonable.” It also says the death of Nguyen was caused “as a result of the negligence of Const. Doduk.”
Nguyen was walking in a neighbourhood near his home when the encounter occurred. He was shot while holding a cellphone that police said they believed was a gun, and that Nguyen was about to shoot.
The EPS’ statement of defence says Doduk believed the object drawn was a firearm, and yelled, “Gun! Drop it!” The statement says Nguyen rapidly shifted and rotated his body to the left, and kept pointing the object at officers.
Doduk was also one of two officers who posed for a photo while taking a man into custody in 2020 and it was posted to Instagram.
The photo, which was posted to the other constable’s account, shows the officers smiling on both sides of a shirtless man in handcuffs with one of the officers placing his hand on the detained man’s shoulder. The man’s face was blacked out with marker and Global News further disguised him.
“This fine young man was so thrilled with the service we provided him, he wanted to commemorate the moment with a picture,” the Instagram post read. “Just kidding, he was so high he thought he was on Mars.”
The post includes the hashtags #summertimepolicing and #dontdodrugskids. At the time, EPS told Global News a third police officer was believed to have taken the photo.
The EPS Professional Standards Branch was asked to investigate the photo. Global News does not know what the current status of that investigation is.
Tom Engel, lawyer and head of the Criminal Trial Lawyers’ Association’s policing committee, said he was not surprised by the charges but what does surprise him “is how Chief (Dale) McFee thinks this officer is a suitable person to be out on the street with a gun?”
“What is this chief of police doing with violent officers – bad cops – besides promoting them or leaving them or sweeping things under the carpet? This is the sort of thing that destroys the morale in the Edmonton Police Service, within the rank-and-file,” Engel said.
EPS confirmed that Doduk, who has been on the force for eight years, remains employed with the police department, and is currently on an unrelated leave.
Engel said letting a police officer with Doduk’s track record stay on the streets shows that the police chief is not concerned about protecting the public from bad cops.
EPS would not provide comment on the case, as it is before the courts.
The charges have not been proven in court and the investigation into Nguyen’s death has not yet been completed.
Doduk is scheduled to make a court appearance in Edmonton on Oct. 11.
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