Vancouver police dog handler acquitted of assault and obstruction charges in shoplifting arrest

A dog handler with the Vancouver Police Department has been acquitted of all charges in connection with an arrest that left a shoplifter with a bite that required 19 stitches to close.

Const. Jonathan Kempton was found not guilty in B.C. provincial court on Monday of four charges including two counts of assault with a weapon, one charge of attempting to obstruct justice and one count of dangerous driving.

Judge Jay Solomon wrote that Kempton's use of force in the May 9, 2019 arrest appeared to be reasonable and appropriate, his driving was "not particularly dangerous," and Crown had failed to prove the officer made any false or misleading statements in his reports on the incident.

Kempton's encounter with suspect Christopher Swain began when he and a "number of officers" were called to the Home Depot on Terminal Avenue to respond to the theft of a $200 drill bit set, according to Solomon's judgment. Kempton brought his dog Jocko, and another officer had a police dog named Rocco.

Swain and another suspect fled the scene on bicycles, according to the judge, but the second man was arrested without incident. Swain refused to stop for the officers, who released Rocco to chase him down.

According to the judge, Rocco was gaining on Swain, so Swain threw a bag with the drill bit set inside at the dog and kicked at it.

Meanwhile, Kempton was chasing Swain in his SUV and trying to cut off his routes of escape. As Swain made a sharp right turn into a parking lot on Evans Avenue, Kempton turned as well and his SUV struck Swain, knocking him off his bike, according to the judgment.

Crash was 'of minimal impact'

The judge said the evidence suggests the collision was not an assault but rather an accident during a lawful arrest.

"It also appears to have been at low speed and of minimal impact," Solomon wrote.

After the crash, Kempton stopped his vehicle and, without warning, let Jocko loose with a command to bite the suspect. 

The dog bit Swain on the arm and he fell to his knees, then Kempton pushed him forward onto the ground and put Jocko back on leash, the judgment says.

Somehow, though, a "struggle ensued" between Swain and the dog, and Swain rolled onto his back and began punching toward Jocko's face. The dog bit onto his left arm and dragged him, holding on for a full 60 seconds until other officers arrived and stepped in.

"Perhaps it was an error in judgment for the accused not to have paused and offer[ed] a verbal warning. However, I cannot conclude that the officer's decision to release the police service dog was objectively unreasonable in all of the circumstances," Solomon said.

The judge said he accepted Kempton's explanation for letting his dog hold the bite for so long, and said the officer's actions appeared to be in line with national and provincial guidelines for use of force.

Solomon also said the Crown had not proven that Kempton "intended to pervert, obstruct or defeat the course of justice, or that he made any false or misleading statements, or that he made any substantive omissions" in his reports on the arrest.

 Swain pleaded guilty to theft just five days after his arrest and was sentenced to a day in jail.