Former Edmonton police officer gives evidence in his own defence at excessive force trial
Jury hears testimony from Oli Olason at former EPS constable's assault trial
Former Edmonton police Const. Oli Olason told a jury that he kicked a man lying on the ground as a "distractionary technique" because he believed he needed to stop him from using bear spray.
Olason took the stand in his own defence Thursday after three days of witnesses called by the Crown, including other police officers who were at the scene of an arrest four years ago that led to Olason being charged with assault.
Turning to address the jury directly, Olason told them about moving to Ontario from Iceland with his family at a young age, and eventually working for the RCMP before joining the Edmonton Police Service in 2014. He told the court that he has now moved back to Iceland.
Olason is accused of excessive force in the arrest of Lee Van Beaver just after midnight on March 23, 2021.
Security footage recorded the incident in a Ritchie Market alley as Olason and his then-partner Const. Dan Fedechko confronted Beaver, who they said pointed a canister of bear spray at their unmarked police vehicle.
Crown prosecutor Michelle Kai told the jury this week that Olason used excessive force by kicking, stomping and standing on Beaver's head. Olason denied Thursday that he stomped Beaver or stood with his full weight on his head.
Olason said the night of the arrest, as soon as he got out of the EPS tactical truck he'd been driving, he yelled at Beaver to stop and get on the ground, and said he was under arrest.
Defence lawyer Brian Beresh asked his client whether Beaver could have gotten rid of the bear spray and surrendered.
"Absolutely. At any point I would have expected him to take it out and lay on the ground," Olason said.
He added he didn't believe Beaver was complying as he "unexpectedly" removed his backpack, which Olason said wasn't part of the police instructions.
"This was a pretty big escalation. This was what I would call a threat cue. Things were not adding up," Olason said.
When Kai questioned Olason, she put to him that he never told Beaver to take out the bear spray or do anything with it.
"If he had reached into his pocket when you were not telling him to do so, you would have taken that as a threat cue, correct?" Kai said.
"It may have been a threat cue if there hadn't been any verbal warning," Olason responded.
Olason says he feared bear spray was being used
The jury heard that Beaver began getting on the ground, moving to what Olason described as a "push-up position" by the time he and Fedechko reached him in the alley.
Olason testified that he put his foot between Beaver's shoulder blades to push him fully to the ground and stop potential access to the bear spray.
The former officer told the court that he believed Beaver was resisting arrest, saying he had tucked his hands under his body as the smell of bear spray got stronger.
"I am now pushing down in the fear, I believe, that he has the bear spray and is spraying it," Olason testified.
"All I could see were his hands were underneath him. I yell at him, 'Show me your hands, show me your f–king hands,'" he said.
Olason said his foot slid to the back of Beaver's head because Beaver was pushing against him and resisting.
"I used a distractionary technique — with my left foot I do a kick. It's very measured in force, only as much force as I believe is necessary."
Olason said Beaver's hands came out at that point, but the struggle to arrest him continued, with Fedechko moving Beaver's right arm behind his back as Olason put his foot on his left arm, telling the jury that he was trying to pull it away from his body.
Sgt. Dustin Adsett arrived and used a Taser on Beaver, which Olason said didn't work, and Beaver began "thrashing" on the ground. Olason told the court he believed that was part of a fight to break free.
The officers got Beaver in handcuffs shortly after.
Prosecutor suggests officer 'went straight for' man's head
Kai, the prosecutor, replayed several segments of the arrest video for Olason.
She pointed out that he stayed in the alley until he escorted Beaver out in handcuffs even though he testified he was "terrified" of pepper spray, having experienced its effects in police training scenarios.
"I put to you that you went straight for his head, you never stepped on his back," she told Olason.
He told her that's incorrect, and "I stepped on his back, between his shoulder blades," turning around and demonstrating an area of his upper back to the jury.
"His hands were going out and he drew them in to protect himself. I put to you that he retracted his hands to protect himself as you stepped on him," Kai said.
"I do not agree," Olason responded.
"It was a calculated amount of force."
With the trial expected to conclude this week, the jury will potentially begin deliberations on Friday.
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