Crown won’t charge Penticton officer accused of hurting senior

Evidence does not support substantial likelihood of conviction, according to B.C. Criminal Justice Branch

No charges will be laid against a Penticton RCMP officer accused of injuring an elderly woman’s arm during her arrest earlier this year for public intoxication, the B.C. Criminal Justice Branch announced Friday.

According to the so-called clear statement, the Crown assessed evidence collected by the civilian-led Independent Investigations Office, but concluded there is “no substantial likelihood” the officer would be convicted in court of using excessive force.

The woman who filed the complaint was arrested on the afternoon of April 8 after allegedly causing a disturbance at the Penticton library, the statement explained.

After she left with the aid of a walker, a security guard watched as she attempted to cross Main Street, where she fell down and was helped up by an RCMP officer who was driving by.

An hour later, the woman returned to the library, where she allegedly assaulted a staff member  and was then escorted out.

The officer who dealt with the woman earlier found her on Fairview Road and offered her a ride home, but she became belligerent and was arrested for public intoxication.

As he helped her into the police car, the woman struck the Mountie, who then took hold of her arm to restrain her.

She was released from jail the next day and diagnosed a week later with a broken wrist, which she claimed she suffered during her arrest.

“Crown counsel has concluded that on the available evidence, it is impossible to determine when and how the complainant’s wrist was broken,” concluded the clear statement, which noted the injury could have happened when the woman fell on Main Street or was banging on the counter at the library or on a glass divider in the police car.

“Even if the complainant felt pain when the officer grabbed onto her arm, this action cannot be shown to be more than a measured response to her striking him.”

The statement added that the officer’s version on events was backed up by other witnesses, plus photographic and video evidence.

 

 

Just Posted

Police are asking for public assistance in locating Anthony Graham who has been charged with the murders of Kamloops brothers Carlo and Erick Fryer. (RCMP photo)
2 Penticton-area men charged with Kamloops brothers’ double homicide

Brothers Erick and Carlo Fryer were found deceased in May in Naramata

(File photo)
Penticton not holding Canada Day activities out of respect for Indigenous people

Cities across B.C. are cancelling the holiday after an increased spotlight on Canada’s dark history

Fruit farmers in the Okanagan and Creston valleys are in desperate need of cherry harvesters amid COVID-19 work shortages. (Photo: Unsplash/Abigail Miller)
‘Desperate’ need for workers at Okanagan cherry farms

Fruit farmers are worried they’ll have to abandon crops due to COVID-19 work shortages

JAK's Liquor Store in Penticton will be donating 10 per cent of its sales on Saturday, June 19, to the Penticton Salvation Army Food Bank. (Photo from JAKS.com)
Stock up your liquor cabinet and support the Penticton food bank

Jak’s beer and wine store is donating a portion of sales to local food banks Saturday

The illegal open fire above Naramata continues to smoke on Friday, June 18. The fire was left to burn itself out by BC Wildfire. (Monique Tamminga - Western News)
Illegal open burn in Naramata will be left to smoke

BC Wildfire could not confirm whether the property owner had been fined

A small pod of Pacific white-sided dolphins pass by close to shore in Campbell River June 16, 2021. Still capture from video courtesy of Kimberly Hart
VIDEO: Dolphin sunset captured from Vancouver Island shore

Spectacular setting for view of travelling pod of Pacific white-sided dolphins

Earls On Top at 211 Bernard Avenue in Kelowna. (Google Maps photo)
Downtown Kelowna’s Earls ordered closed after COVID-19 transmission

Earls on Top on Bernard Avenue will be closed from June 18 to June 27

A motorycle crash has been reported on Westside Road. (Google Maps)
UPDATE: Westside Road reopened following motorcycle crash near Vernon

AIM Roads advises drivers to expect delays due to congestion

Dereck Donald Sears. (Contributed/Crimestoppers)
Murder charge laid in relation to suspicious Kelowna death

Dereck Donald Sears is charged with second-degree murder in the death of Darren Middleton

Albert Health Minister Tyler Shandro and Alberta Premier Jason Kenney unveil an opening sign after speaking about the Open for Summer Plan and next steps in the COVID-19 vaccine rollout, in Edmonton, Friday, June 18, 2021. THE CANADIAN PRESS/Jason Franson
Alberta 1st province in Canada to lift all COVID-19 public health restrictions

70.2% of eligible citizens 12 and older in the province have received a dose of the vaccine

Fraser Health registered nurse Ramn Manan draws a dose of the Pfizer COVID-19 vaccine into a syringe at a walk-up vaccination clinic at Bear Creek Park, in Surrey, B.C., on Monday, May 17, 2021. THE CANADIAN PRESS/Darryl Dyck
‘Honour our fathers’ with COVID-19 vaccine protection, B.C. urges

109 new cases Friday, 75 per cent of 12 and up immunized

(Paul Henderson/ Chilliwack Progress)
Trutch Avenue in Chilliwack to be renamed to remove racist taint

New name to have Indigenous significance as Chilliwack takes new step toward reconciliation

Most Read