Case 7 Charge – Assault w/Resisting Arrest (a criminal charge):
You’re going to love this one!
Below is a short summary of the more detailed version that includes: My exact account of what took place, the officer’s account compiled from his report and testimony; a scanned portion of his report, a scanned copy of the trial transcript; a scanned copy of the judges judgment; and my Judging the Judge review.
READ this short summary below first before you move on to the more detailed page — the Assault w/Resist Arrest Case — as it will help the picture come together — unless you have watched my video, which has a brief rundown as well.
On November 29th, 2012 I left a pub (in my privately owned travelling vessel) one evening after having 2 pints of beer over a span of 2 hours. I pulled out of the pub parking lot and drove about 150 to 200 meters down the road to a bank (as planned) with 4 friends and acquaintances (in my mini-van). I pulled onto the street where the bank was and parked immediately in an available parking spot right after the turn.
When I got out of my vehicle to proceed to the bank, a police officer was parked behind me/out of his cruiser and began yelling at me – ordering me into his vehicle to do an alcohol breath test. I walked over to him and tried to reason with him but he was overly aggressive with me right from the moment of first contact and he started accusing me of being “drunk”. I did not comply with his demands because of the manner in which he was speaking to me.
This conversation went on for about a minute in the same manner and I still refused to comply. He told me I was under arrest for impaired driving and tried to grab me but I took 2 steps backward and he stopped. Soon after that, I pulled out my cell phone and told him that we need to start this conversation over and that I’m going to record it. He said, “No… No” and then tried to grab my phone out my hands.
He then spoke a police code into his radio and soon after that he peppered sprayed me. Many police officers showed up right after that and I was slapped in handcuffs and taken to the local police station charged with “one” charge – Impaired Driving. For a good 45 minutes I had my hands cuffed behind my back with my eyes burning and nobody would do anything to address the physical pain I was in – my eyes were burning and I couldn’t even treat it.
At the station I was forced to do a breath test and I asked what law forces me to submit to this test? The answer was, “the Highway Traffic Act”. At that point, I stated — simply — that the Act does not apply to me and performed the test “under protest”.
I blew a low reading.
They dropped the charge of Impaired Driving and charged me with another “one” – Assault w/Intent to Resisting Arrest!
I went to court about a month later and received my Disclosure documents and when I opened it up and read the report – I was stunned – it was a complete fabrication. There were so many lies told, but the key one that justified the charge was that I pushed the officer twice.
I had to shell out $6,000+ in legal fees. My lawyer tried reasoning with the Crown Prosecutor to settle with no success whatsoever. They were going all out to get a conviction – that was absolutely clear.
At the trial, the 4 witnesses were there and they were “Crown Witnesses” as the officers at the scene took their statements “for the Crown”. All 4 were brought into a room by the Crown Prosecutor at the same time and were simply asked if they wanted to change their statements (which they all answered, “no”). The witnesses were then released by the Crown and became witnesses for the Defense.
Incredibly, the trial proceeded and I say that because all the prosecutor had to do was ask each witness (individually would be the smart thing to do if you ask me) if they saw me push the officer (answer is, “no” of course) and ask them if they were willing to testify to that. That never happened!
At the trial, the officer testified and my lawyer nailed him on one key thing: the report he filled out at the scene of the event reflected that I was arrested for Impaired Driving “only”. A whole new set of notes made at the station reflected a different story and the charge of Assault w/Intent to Resisting Arrest. His response to not documenting the Assault charge at the scene when cross examined: “I forgot! Human error!”
Needless to say, the judge didn’t believe the officer (thank God I had a good one). As a matter of fact, the judge stated he found a number of things the officer said, “hard to believe” – things the officer said, “Made no sense”. The judge believed my testimony and 2 witness testimonies (2 of the 4 witnesses were not called upon to testify).
So, I get off the charge and immediately order the transcript of the judgment and hired a civil rights lawyer.
I had paid out about $20,000 (counter suit) because of the actions of this officer. I have got to tell you that when I went into the courts standing in defense of my natural “fee free” right to use the roads with super strong arguments – I was accused of wasting the courts time and resources!! Think about that and what you just read (not to mention the magnitude of what is going on here – the Crown knew exactly who I was with all the HTA challenges I had brought up to the point of this event and they were full out going after me).
Another thing I need to tell you about this officer: the amount of lies in his report and then repeating them on the witness stand (twice on the record when you include the counter suit’s discovery stage where he was put under oath again) tells me one thing that is clear about the people we entrust with a very important duty to fulfill, is that, “They have no problem lying under oath.” This cop, right before his testimony, held the Bible in his hands “firmly” and swore to tell the whole truth and nothing but the truth – and then unloaded a ton of B.S.!
I found this to be very disturbing to say the least. Wait until you read about all the things that this officer said I did — astounding!
So these are my stories in my pursuit of: truth, justice and the liberties that I have an unalienable right to.