Calgary cop on trial for aggravated assault caused fractured skull, brain bleed: Crown

A Calgary police officer who punched a handcuffed man and threw him on the ground caused a fractured skull and brain bleed, according to the prosecution on Day 1 of Const. Trevor Lindsay's trial.

Lindsay is charged with aggravated assault in connection with the injuries he caused to Daniel Haworth during a 2015 arrest.

"At issue here is whether the use of force applied by the accused to Mr. Haworth was reasonable, proportionate and necessary," said prosecutor John Baharustani in his opening statement to Court of Queen's Bench Justice Michael Lema.

On May 25, 2015, Lindsay and his partner arrested Haworth for theft, suspecting him of breaking into his ex-girlfriend's home and stealing coins from her collection.

Haworth, who was "intoxicated, difficult and unco-operative," was taken to the arrest processing unit by the two officers, according to Baharustani.

Security footage shows man getting punched repeatedly before he is thrown to ground

8 years ago

Duration 0:42

This graphic security footage shows what appears to be a Calgary police officer punching a man repeatedly before throwing him on the ground.

A 45-minute video from inside the police cruiser was played in court showing Haworth in a drunk and agitated state — angry, crying and yelling at times. 

During their parking lot interaction, closed circuit-TV shows Lindsay with Haworth up against the side of the police car.

The video shows Haworth looking left toward Lindsay before the officer "punches him in the face with a left jab," according to Baharustani. 

Const. Maxine LaPointe, who was Lindsay's partner when the pair arrested Haworth, testified that once the trio was at the arrest processing unit (APU), she heard him yell "do not spit blood."

At that point, LaPointe said, she threw her notebook in the cruiser, grabbed a pair of gloves and by the time she arrived at Lindsay's side, Haworth was unconscious on the ground. 

Suspended with pay 

Under cross-examination, LaPointe agreed with defence lawyer Don MacLeod that officers consider being spat on a serious assault. 

Police are trained to get someone who has spat, or threatened to spit, down on the ground immediately, said LaPointe.

Before they arrived at APU, Lindsay was "very polite" to Haworth, said LaPointe. 

According to the Crown, Haworth suffered a fractured skull and a brain bleed injury.

Despite police attempts to interview Haworth he was never able to remember the incident and died about six months later from a drug overdose. 

MacLeod has indicated that later in the trial, he will call his own use of force expert, retired CPS inspector Chris Butler. 

Lindsay is suspended with pay from the Calgary Police Service. 

The trial is set to wrap up next week.