Man in controversial police brutality cop video, is in trouble with the law again

Man in controversial cop video, in trouble again

A 19-year-old man repeatedly struck by Winnipeg police officers during a videotaped arrest last year — leading to an investigation into the officers’ conduct — is allegedly in trouble with the law again.

Sources said city police officers arrested Cody Bousquet when he was allegedly caught driving a stolen van in the North End late Monday.

The arrest comes less than two months after Bousquet was sentenced for a stolen auto incident in February 2009, which ended with him being struck by the hands and knees of police officers and zapped twice with a Taser for allegedly resisting arrest.

This time, there was no pursuit or struggle — sources allege Bousquet pulled over for police and was taken into custody without incident.

The arrest occurred on Redwood Avenue near Powers Street about 10 p.m.

Bousquet, who is in custody, is accused of stealing three vehicles between Feb. 21 and Monday, sources said.

His lawyer, Daniel Manning, couldn’t be reached for comment.

Bousquet is charged with three counts of theft under $5,000, two counts of driving while disqualified, and four court-order breaches, according to court documents.

He is scheduled to appear in a Winnipeg courtroom Wednesday.

Bousquet gained notoriety in late January when surveillance video of last year’s arrest was obtained by the Winnipeg Sun. The video surfaced when Bousquet pleaded guilty to dangerous driving and two counts of assaulting a police officer and was sentenced to 11 months time served.

After it became public, Winnipeg police asked RCMP to investigate to determine whether the officers used excessive force. An independent Crown attorney from Ontario will decide whether criminal charges are warranted against the officers.

The night of the arrest, Bousquet was highly intoxicated when he led officers on a dangerous high-speed pursuit in a stolen pickup truck, crashing into a police car and civilian vehicle.

The officers argue the level of force was required to gain compliance of and handcuff a resisting subject, court heard at sentencing. Bousquet struggled so police couldn’t get control of his arms, swung, flailed around and tried to put his arms in his waistband, one officer claimed.

However, at sentencing, Judge Ray Wyant said he didn’t see “any evidence of overt resistance” when he watched the video.

Reduced prison time for police Charter violations

Supreme Court allows reduced jail time for violations 

Top court bucks tough-on-crime trend 

Hurt criminals can serve less time 

- Criminals can receive sentence discounts for compensation if police violate their Charter rights by abusing their force as long as Judges dont undercut mandatory minimum sentences, ruled the Supreme Court on Friday.

- Judges must stay within legislated limits of mandatory minimums. 

- A sentence reduction can be a remedy for police misconduct

- Judge could reject/ignore mandatory minimum only where the police beating was extremely severe

- There are 43 mandatory minimum sentences in the Criminal Code for murder, impaired driving and firearm related offences. 

- They are controversial because they eliminate judicial discretion and overcrowd prisons without deterring crime. 

- Supreme Court in favour of reducing prison terms for defendants who were abused by police.

-  Besides police brutality, sentences could also be reduced by unreasonable trial delays and unwarranted searches. 

- Decision came from a man whose ribs were broken by police after he led them on a high speed chase.

- The Supreme Court upheld the Alberta Court of Appeal decision that imposed the mandatory minimum sentence for drunk driver Lyle Nasogaluak.

- Ruled that Judges should not go below the mandatory minimum unless the case is extraordinary. 

- Lyle was intoxicated and driving when police tried to pull him over. 

- Instead of complying, he sped away and led them on a high speed chase where he finally stopped his car.

- He refused to get out of his vehicle and one of the officers punched him in the head twice before wrestling him to get out of the car.

- The man continued to resist and the officer punched him again in the head.

- When he refused to be handcuffed, another officer punched him in the back, breaking some of his ribs. 

- He was crying in pain when he was in custody and  officers did not attempt to get him medical help. 

- When he was released, he went to the hospital and discovered he had a collapsed lung caused by the broken ribs. 

- He plead guilty to impaired driving and fleeing the police and he was given a conditional discharge on both counts because police violated his charter rights to security of person and abused their force, using more than was necessary in the situation.

- Alberta Court of Appeal said the Judge could not ignore the mandatory minimum sentence for impaired driving and instead, imposed a $600 fine. 

I completely agree with this ruling by the Supreme Court. Police should not be allowed to abuse their force and violate others' charter rights. Maybe this ruling will make police more cautious and aware of the degree of force that they are applying and will hopefully, attempt not to use extreme force, because then a guilty person may be acquitted or given a much lighter sentence than they would like.

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