RNC officer used unnecessary force during arrest, public complaints commission finds

UPDATE: In 2022, Const. Bernard Morgan was sentenced to 12 months probationand received a conditional dischargefor misuse of a firearm. Read more here.

A Royal Newfoundland Constabulary officer used excessive force when arresting a Paradise man in 2017, thepublic complaints commission has found.

Zackary Ball filed the complaint against Const. Bernard Morgan, whohit Ball in the head whilearresting him. Police also pepper-sprayed Ball and broke a glass door in his home.

An independent investigation deemed Morgan's actions unlawful and recommended criminal charges. However, the Crown did not pursue them, and the Ball family filed a complaint with the RNC's public complaints body.

That complaint resultedin a disciplinary hearing in July for Morgan and another officer present that day, Const. Isabella Wagner.

A surveillance video of Morgan's excessive use of force on Ball, who was struck in the back of the head with Morgan's fist or palm,provided the basis of the Nov. 25 decision.

"The strike qualifies as a hard physical control technique.This use of force was not required," wrote adjudicator Andrew Wadden.

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Despite finding that Ball was resisting arrest, the man "was handcuffed with hands behind his back, had recently been sprayed, and was being accompanied by two officers. As such, he was severely diminished insofar as his being a threat or viably running away. There was no need for Morgan to strike [Ball]. It was wholly unnecessary. Less violent means could have been used," Wadden wrote.

"The objective of containment and gaining compliance could have been accomplished without striking [Ball]. The privilege to use force is limited and that privilege was misused."

Wadden noted former police chief Joe Boland asked him to submit recommendations based on the hearing's findings, and argued that RNC disciplinary hearings should be made open to the public in the interest of transparency.

"He wants public confidence increased, as well as the confidence of officers themselves, in the RNC," said Wadden.

The Royal Newfoundland Constabulary said it will not comment with the legal proceedings ongoing.

Wagner cleared

The Ball family accused Wagner of behaving disrespectfully, wrongful arrest and using unnecessary force.

Wadden did not find Wagner breached any regulations.

"I believe Const. Wagner to have acted in good faith, in a dynamic situation, and an objective member of the community would view her conduct in relation to the arrest and detention of [Ball] to be reasonable," he wrote.

The family testified Wagner swore at themand madecomments about one member's mental health. Wagner denied doing so.

Wadden says he was unable to conclude whether Wagner did in fact act discourteously. He also decided that Wagner was within her rights to smash the family's glass patio door in the course of the arrest, and did not break any use-of-force rules when she followed orders to arrest Ball.

He also said video evidence did not show Wagner forcing Ball to lie on broken glass, as he claimed.

The adjudicator wrote that he has not yet decided on a penalty for Morgan and invited him to make submissions.

Morgan, who was in a romantic relationship with Wagner at the time of testimony in July,is due in provincial court Friday on an unrelated matter. He has been criminallycharged with misuse of a firearm.

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