Man injured during 2019 arrest questioned at EPS officer's assault trial
A jury watched video of the incident that led to assault charges against EPS Const. Alexander Doduk
A man injured during an arrest where an Edmonton police officer hit him with a baton was questioned by the officer's defence team as the assault trial continued Tuesday.
EPS Const. Alexander Doduk has pleaded not guilty to assault with a weapon and assault causing bodily harm against Justin LaFrance, who testified that he flagged down the officer for help with a man he suspected of causing damage at his downtown worksite.
Defence lawyer Dino Bottos cross-examined LaFrance for most of the second day of the trial, repeatedly suggesting to him that the incident didn't unfold the way he described.
LaFrance told the court Monday that he heard a window break while he was at his construction job at the former Downtown Farmers' Market building on the morning of Nov. 26, 2019. He started following a man outside who someone else pointed out as a possible culprit, eventually running across the intersection at 97th Street and 103A Avenue to try to catch up with him.
LaFrance said he waved at an officer behind the wheel of a marked police vehicle, and expected him to come ask what was going on, but instead Doduk forcefully took the other man to the ground.
WATCH | Video of arrest played in court:
The jury has seen two videos of the incident — one begins shortly before the first man is arrested, but shows the events in grainy footage shot from far away.
The second video shows much more detail, starting with the man LaFrance was following already on the ground in handcuffs. The officer identified as Doduk appears to be in a physical struggle with LaFrance, who's on his knees on the sidewalk.
The video appears to show the constable hit LaFrance, then take out his police baton and swing it at him several times.
LaFrance eventually get to his feet and step backwards, into traffic on the road, and as he keeps backing away, more police officers show up and take him to the ground.
The jury looked through dozens of photos taken on the day of the arrest showing LaFrance's injuries, including bruises, a black eye and a chipped tooth. He told the court that the charges laid against him that day were later withdrawn.
Bottos put to LaFrance that he ignored Doduk's initial attempt to ask him what was going on after the officer noticed him angry and yelling, accusing the man he was following of breaking a window and saying he was going to kill him.
"No sir. You're making an assumption and a suggestion of anger," LaFrance said.
LaFrance denied Bottos's suggestion that he "forcefully" pushed Doduk's arm while he was arresting the other man after the officer had already told him to back off. And he denied that Doduk ever informed him he was under arrest for assaulting a peace officer and obstruction.
"When he got up, he did not address me. He attacked me. There was no addressing, there was no conversation at that point," he said.
Bottos also brought up a message LaFrance sent to two EPS officers he knew from martial arts training, less than two weeks before the arrest.
LaFrance acknowledged he wrote the message expressing frustration with police, telling the officers while there's "a one per cent that are good," he'd "lost respect" for their police co-workers and was "ready for war against your bully-with-a-badge a--holes you work with."
"[Doduk] was part of the 99 per cent you were at war with. You knew full well you were placed under arrest and you didn't want to listen to him," Bottos said.
"No sir," LaFrance answered.
The jury will continue hearing evidence in the case on Wednesday.
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