Recently fired 'predatory' Calgary officer found not guilty of assault in violent arrest

A Calgary police officer who was recently fired for preying on a young woman has been found not guilty of assault for his role in a violent arrest in 2016.

David Pizzolato was charged one year ago based on video of the incident captured at thearrest processing unit (APU).

On Friday, provincial court Judge Gordon Yakeacquitted Pizzolato, finding the former officer "had to act to defend himself from further assault from Mr. Ekson."

The judge believed Pizzolato's testimony that Ekson had spat at him just before the violent take-down.

In March 2016, Pizzolato arrested Darren Ekson, 59, in downtown Calgary for allegedly assaulting a staff member at the Drop-In Centre. Ekson's charges were eventually dropped.

Following a trial in October,Yake found Ekson's testimony "obviously inconsistent" and "evasive and argumentative."

"[Ekson] had a cavalierattitude toward telling the truth," said Yake.

• 'Predatory' police officer fired after sending suicidal woman up to 100 texts in 4 days

Const. Pizzolato allegedly assaults arrestee

5 years ago

Duration 0:31

This video was shown during Const. David Pizzolatos assault trial. At issue is whether the punches are considered excessive use of force.

Yake found Pizzolato was an "honest and reliable witness."

"I accept his evidence," said Yake.

Based on testimony, YakefoundEkson had displayed "abusive behaviour" toward the officer who had attempted to de-escalatethe situation before using force.

Yake said Ekson had refused to obey Pizzolato's instructions.

Two angles of the video entered as evidence in the trial showPizzolato punching Ekson three times after forcing him to the ground. Pizzolato testified Ekson had spat at him, prompting the use of force.

Pizzolato's trial was run by Edmonton prosecutor Damian Rogers and defence lawyer Don MacLeod.

'Predatory relationship'

Last month, Pizzolato wasfired for trying to initiate a "predatory" relationship with a young woman as she recoveredin hospital after trying to kill herself.

Details of Pizzolato'sactions come from the written decision by retired Calgary Police Service superintendent Paul Manueltofire the constablefor discreditable conduct.

In 2016, Pizzolatomet his 22-year-old victim after he respondedto a "check on welfare" call.

Shortly after she was taken to hospital, Pizzolatobegan sending her text messages up to 100in four days as she recovered.

He called her "hon," "sweety" and "sweetness." At the time, Pizzolato was 48 years old.

The young woman was uncomfortable and scared of Pizzolato and showed the messages to hospital staff, who became so concerned they called police.

On the day she was released from hospital, Pizzolato showed up at the victim's home, took her for ice cream and touched her leg as they sat in his vehicle.

Just weeks earlier, Pizzolato's supervisor had warned him to stop contacting women he met while on duty.

Greg Dunn, Pizzolato'slawyer from his disciplinary hearing says he is appealing his dismissal from CPS.