Judge denies bail for man arrested in violent encounter with Edmonton police

A provincial court judge denied bail Monday to a man whose violent arrest last month by Edmonton police, filmed by an onlooker, spurred a criminal investigation into allegations of excessive force.

Provincial court Judge Rhonda Tibbitt ruled Kyle Parkhurst's lengthy history of vehicle theft and high-speed flights from police shows he poses an "extreme" risk to the public.

"He has put the public at risk and I conclude that there is a significant likelihood that he will continue to do so," Tibbitt said, after referencing several instances in which Parkhurst breached his conditions of release and returned to criminal activity after being released.

At a bail hearing application last week, the judge allowed Parkhurst's lawyer, Mark Jordan, to show the court two witness videos of his client's violent June 11 arrest. Parkhurst, unshackled and wearing an orange jumpsuit, sat quietly, taking notes, beside his lawyer.

In a video obtained by Global TV, a stolen truck allegedly driven by Parkhurst repeatedly rams police cruisers in the confined parking lot of a downtown apartment building before police haul Parkhurst from the vehicle.

In another video shared online, an EPS officer looks over both of his shoulders before repeatedly kicking a prone Parkhurst, who had been Tasered by that point.

• Criminal investigation launched into violent Edmonton police arrest captured on video
• ASIRT takes over Edmonton police excessive-force investigation

The officer then yanks Parkhurst to his feet and slams him head first into a brick wall. The same officer later shoves the handcuffed Parkhurst into the side of a police cruiser.

Jordan told the court last week he will likely seek a stay of all nine charges related to this incident because his client's Charter rights were breached. He said the remainder of his client's charges, while many, are from a relatively short period of time.

But on Monday, the judge said that even if those nine charges are stayed, the evidence is strong against Parkhurst on numerous other charges. That increases his chances of being convicted, which in turn increases the likelihood he would not appear in court if released on bail, the judge said.

Jordan previously told the court Parkhurst's grandmother is willing to take him into her west-Edmonton home, away from downtown Edmonton where he got into trouble due to his addiction to drugs. He said Parkhurst, a 26-year-old Mtis man with a Grade 10 education, would also have better access to the medical treatment he needs to deal with the injuries he allegedly received during his arrest.

Numerous charges allege dangerous behaviour

On Thursday, Crown prosecutor Danielle Fostey said the video was irrelevant to the main issues in the bail hearing: whether Parkhurst would appear in court and whether he posed a risk to the public.

For more than a half hour, Fostey walked the judge through a long list of charges that portrayed Parkhurst as an out-of-control, methamphetamine-addicted car thief who repeatedly posed a risk to public safety while fleeing police.

Fostey said Parkhurst has engaged in a "dangerous pattern of escalating criminal activity," adding his behaviour "increasingly puts the community at risk."

Parkhurst faces a total of 84 recent charges, and has seven convictions dating back to 2014. (A previous search of his charges by Alberta Justice, at CBC News' request, failed to produce these recent alleged offences.)

Fostey detailed dozens of charges against Parkhurst for stealing vehicles, credit cards and other valuables.

When confronted by police, he fled, several times driving at high speeds through stop signs and red lights, and into oncoming traffic. Parkhurst had no licence and had been prohibited, as a condition of release, from being in a vehicle without the owner's permission.

Last week, CBC News revealed the Edmonton Police Service had launched a criminal investigation into Parkhurst's most recent arrest. The story also raised serious allegations about the EPS withholding medical treatment from Parkhurst and failing to photograph his injuries.

A day after the CBC News story appeared, Edmonton police relinquished control of the investigation to the Alberta Serious Incident Response Team (ASIRT). It did so after the province's director of law enforcement conducted a second review of the case at the request of EPS Chief Dale McFee.

Parkhurst is next scheduled to appear in court July 29 to set trial dates for his many charges.