Video recording of violent arrest shut off by accident, officer says during assault trial

The video at the centre of a police assault trial was accidentally stopped after recording about seven seconds of a violent arrest, according to the officer who shut it off.

Const. D'Arcy Oakes told prosecutor Jim Stewart he hit a button that turned off the recording.

"I did not do it on purpose," said Oakes, who explained it happened because of "a combination of adrenaline, trying to turn the vehicle off and turning the lights off."

• 'They beat the s--t out of me': Trial begins for officers accused of assault after traffic stop

Constables James Othen, Kevin Humfrey and Mike Sandalack are on trial for assault causing bodily harm. They're accused of excessive force against Clayton Prince, who suffered broken ribs and a collapsed lung during the arrest on July 30, 2016.

Oakes and his partnerConst. Ryan MacPherson who have both testified over the past two days arrived on scene to provide backup to another officer whom Clayton Prince had run away from during a traffic stop.

The dash-cam recording from Oakes'spolice cruiser shows Othen and Humfreyjumping on Prince after he has surrendered on the ground with his hands behind his neck. They then begin punching him.

Video of Calgary police charged with assault

7 years ago

Duration 0:07

Video entered as evidence at the trial of three Calgary police officers accused of assault after a traffic stop.

MacPherson testified that the "extremely excessive" force continued with knee strikes that were delivered by Othen and Sandalack, who hadjoined in.

It was that video which the Alberta Serious Incident Response Team (ASIRT) said initiated an investigation into the officers' actions.

Several of the officers who testified on behalf of the prosecution said Prince did not appear to be a threat once he was on the ground and seemed to be complying with police demands.

Witness says he did not follow policy

But the officers' lawyers have attempted to paint a picture of an unstable situation, a threat level so high that one officer drew his service gun, and a suspect who could have potentially been armed.

Defence attorneysAlainHepner, PaulBrunnenandDavid Butcher have also pointed out discrepancies in the officer witnesses' original accounts of the arrest in their notes and statements to ASIRT and their testimony.

Oakes's notes made right after the incident did not contain a "single word" about the use of force against Prince, a violation of CPS policy,Humfrey's lawyer, David Butcher, pointed out.

"You did not follow that policy?" Butcher asked.

"Correct," Oakes answered.

Not enough time set for trial

Othen also faces a charge ofassault with a weapon; MacPherson has testified he witnessed the accused dig a key into Prince's neck.

Both Othen and Humfrey face charges of mischief, accused of lying in their statements about what happened. The two officers saidPrince refused to comply with demands to get on the ground and had to be tackled. They also said he wouldn't give them his hands to be cuffed.

The Crown has one final witness, an officer who will testify about the in-car recording systems used by the Calgary Police Service.

Defence lawyers have indicated they will call evidence, though it's not known if their clients will testify.

But the trial has run out of time. It was set for only one week, soprovincial court JudgeMargaret Keelaghan will hear from the defence beginning Nov. 6, 2017.

Othenand Humphrey are suspended without pay from CPS, whileSandalackis on administrative duties.