[Oling_Roachinen]

Here's the actual written decision of the incident for the original trial:
https://www.canlii.org/en/ab/abpc/do...011abpc23.html

At this point, the situation escalated. Sargent Kaminsky came to the passenger side of the vehicle and demanded that the Accused and Smitna exit the vehicle, or they would be removed by force. Constable Derrick at this time was positioned on the driver’s side of the vehicle. The Accused responded with more profanities, calling Kaminsky a “##########” and telling him to “Suck my dick” and “#### off”. This infuriated Kaminsky and Derrick. Taking their police batons, and using the butt end, Kaminsky struck the passenger side window, and Derrick struck the driver’s side window. They struck the vehicle windows with such force, the audio on the DVD marked Exhibit 2, sounded like two gun shots had been fired. Both the Accused and Smitna cuddled down in the vehicle fearful that the windows would break, and they would be hit by flying glass.


[22] Realizing the gravity of the situation, the Accused told Kaminsky he had enough, and that he was going to exit the vehicle. On opening the door, and raising his arms in submission, Kaminsky grabbed the Accused by the arms and threw him like a rag-doll, face first, on to the hood of the Tahoe. While pulling his arms forcefully behind his back to handcuff him, the Accused complained about a shoulder injury and that he was in pain. Kaminsky responded by striking the Accused forcefully with the baton twice on the back of his neck. This was witnessed by the civilian witness, Amestica, who had just arrived at the scene by taxi, after being phoned by Smitna, to bring the registration and insurance documents for the Tahoe. Amestica, who was standing on the sidewalk 10-15 feet away, shouted at Kaminsky that he should stop hitting his friend, and that he was going to kill him. Kaminsky responded, “#### off and go away or you will go to jail too”.


[23] After being handcuffed, the Accused was turned over to Constable Derrick, who directed him to walk to the back of the police Van at the scene. While walking to the back of the Van, the Accused’s hands handcuffed behind his back, were lifted in the air by Constable Derrick while he was physically being directed where to go. The Accused was not putting up any resistance on the way to the back of the Van.



[24] At the back of the police Van, the doors were opened by Sargent Kaminski. At this time the Accused was taunting Constable Derrick. He called him a “coward” and told him to “take the cuffs off and fight like a man”. He also told him that he would “kick his ass”. The Accused’s hands, handcuffed behind his back, were lifted and he was directed by Derrick bent over and head first into the Van. On entering the Van the Accused was required to take a step up and, being off balance, hesitated momentarily. Constable Derrick then forcefully struck the Accused in the back of the head with his right hand. Derrick then grabbed the Accused by his neck and hands and threw him headfirst on to his stomach into the back of the Van. The Accused was thrown with such force that when he landed his legs lifted into the air almost touching the roof of the Van. In an obvious burst of anger, and before the Accused had a chance to get his legs and feet inside the Van, Derrick forcefully slammed the inside cage door and outside Van doors on his legs and feet.

Again, despite his character, the accused's only crime was an illegal u-turn at the time.

CPS's finest.