Quebec man says he was wrongfully arrested at gunpoint, blames racial profiling - Action News
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Montreal

Quebec man says he was wrongfully arrested at gunpoint, blames racial profiling

"I just have the picture of the squad cars, the pistols pointed at me stuck in my head," says 20-year-old Malik Smith. He says he was detained for nine hours and then released without an apology.

Local police force confirm a man was arrested after 911 call about a suspected gunshot

Malik Smith, standing next to his mother, Suzette Spaulding, says he hasn't been able to eat or sleep properly since he was wrongfully arrested and detained for nine hours last week. (Salim Valji/CBC)

As MalikSmith opened his front door and stepped out of his home in Saint-Constant, Que., last Wednesday morning,he was met by a formation ofpolice officerspointing guns at him.

He says he counted 12 squad cars and nine officers whohad pistols pointing at him, and another officer across the street with an assault rifle pointed in his direction.

"I think about it every day I haven't been eating right; I haven't been sleeping right," Smith says."I just have the picture of the squad cars all there, and them telling me to freeze with their pistols pointing at me."

Smith, 20, sayshe was arrested and heldalone in a jail cell for nine hours. He was ultimately released, but says he was left emotionally scarredandfeels he was racially profiled.

Police confirmthey received a call about a possible gunshot in that area and made an arrest, but released the man after determining it wasan electrical problem that caused the noise.

Police laughed at racism allegation, Smith says

Around 9:45 that morning,Smithwas smoking a cigarette in his car, parked a couple of blocks from his house so his parents wouldn't see. They didn't know he smoked.

He says a man taking out his garbage asked him if he was waiting for someone.Smithsaid he wasn't, and drove back home soon after. He played video games for an hour before heading out the door and encountering the police, whoarrested him around 10:45 a.m.

Smith says hishouse was searched and that he was told by police that someone had called 911 to say that a man in a suspicious vehicle had fired a gun outside his home.

While Smith was being handcuffed, he told police they were being racist. He says they just laughed in his face.

Police searched the home after arresting Smith, who was on his way to school. A neighbour reported hearing a gunshot, which turned out to be an electrical problem. (Salim Valji/CBC)

"At first, they didn't tell me what I was being charged for," he said.

Later, an officer told him he was facing charges of intimidation and possession of a weapon, he says. He was released Wednesdayat 8 p.m.

A spokesperson for the Roussillonpolice forcesaidofficers respondedto a call of a possible gunshotin the area of LaforetStreet, but couldn't say who reported it or what they said.

"We didn't overlook any measures," Const. Karine Bergeron said. "We sent patrol officers, identity service and the canine unit was also called."

She saysthe investigation was wrapped up the same dayafter police called Hydro-Qubec and found out an electrical problem made the sound, not a gunshot.

Bergeron couldn't say how manyofficers were dispatched to the scene orwhether their guns were drawn. She wouldn't comment onthe racial profiling allegation.

No apology

Smithsays he was released without an explanation or anapology.

He and his family reached out to theMontreal-based Centre for Research Action on Race Relations, according to its director Fo Niemi.

Niemisays a lot of people in those situations, especially people of colour, fear gettingshot.

"It's the thought of, 'My God, if someone is gun happy, or there's anerror, Icould end up with a bullet in my body, and that is a very, very stressful thought to have.'"

Family considering legal action

Niemisays wrongful arrests can lead to lasting psychological affects, which can be compounded if police aren't transparent about what may have happened.

"It's a lot of shock, andthe shock is, 'How could this happen to me, Ihaven't done anything.'"

Smith says it's not the first time he's felt racially profiled. Two years ago, a police officer pulled him over and said he seemed 'too young' to be driving the 2005 Mazda he was in. (Salim Valji/CBC)

Niemisays the family is reviewing the damage caused in the arrest, including a shed door being kicked in, and looking into any legal action they can take.

But in the meantime, Niemi says, if police reachout to the family it could "have a meaningful change in the way the family relate to the police department in the future."

For now, Smith says the sight of police officers in the area causes anxiety. "This feeling in my body ...Iget fuzzy, Iget hot, Iget stressed out."