Mountie did not use excessive force in 2016 arrest, Crown argues in response to civil suit

Crown defence attorneys deny that RCMP Const. Joshua Grafton used excessive force while arrestingCuyler Richard Aubichonin Prince George, B.C., over four years ago.

The claim was made in a responseto a civil suit brought by Aubichonearlier this year, which alleges Grafton and the RCMP were"reckless, arrogant, high handed [and]abusive" during the early morning arrestin a cityalleyway on Feb. 18, 2016.

Video of the arrest captured by a backyard cameraappearsto show a man being pulled from a truck and onto the ground by a police dog. An officer then appears to strike the man several times while the dog continues to engage.

Grafton, along with two other RCMP constables, werecriminally charged in Junein connection with the arrest.

WATCH | Surveillance video of the arrest:

Violent arrest by B.C. RCMP caught on video

9 years ago

Duration 2:48

Two men are stomped and kicked after police pull them from an allegedly stolen truck. One suspect's legal team seeks an investigation.

According to the response filed Sept. 25 in B.C. Supreme Court, Aubichonwas driving a stolen truck when police boxed him in the alley.

It says while Aubichon's passenger complied with police instructions to raise his hands, Aubichon did not.

"Instead, the plaintiff kept one hand down and out of sight of the RCMP members, reversed the truck, and then drove the truck forward such that it collided with Const.Sharpe's police vehicle, requiring Const.Sharpe to jump aside to avoid being struck."

The response goes on to saythat Grafton, concerned Aubichon was trying to flee the scene, deployed the police dog to extract him from the truck.

It says Aubichonfought with the dog, and it was only when he stoppedresisting that the dog was called off and he was handcuffed.

Aubichon, an Indigenous man who was 22 at the time of the incident, is from Kamloops, B.C.

In his lawsuit, he claims Grafton "encouraged" the dog to bite his arm. He also alleges Grafton allowed the dog to continue biting him once he was face down on the ground.

Aubichonclaims to have suffered injuries to his face, leg, ribs, sternum, hand and the back of his head.

The response says"any force used against the plaintiff was reasonable and justified in law," and that Aubichon's own negligence in failing to co-operate with RCMP, ramming a police vehicleand resisting arrest are to blame for any effects he suffered.

None of the allegations from either side has been proven in court.