The lawyer representing Pacey Dumas who claims an Edmonton Police officer kicked him in the head during an arrest has said that the officer involved will not be criminally charged.
According to Heather Steinkel-Attia, after reviewing the report from the Alberta Serious Incident Response Team (ASIRT), the officer involved in the December 2020 incident will not face charges. The police watchdog will not be laying charges against the Edmonton Polic Service following the opinion from the Alberta Crown Prosecution Service according to the attorney.
The incident had seriously injured the then-18-year-old Pacey Dumas and doctors needed to remove a tennis ball sized piece of the mans skull to relieve pressure on his brain. That section of skull was then replaced with a metal plate.
In December, 2020, Dumas claimed that Const. Ben Todd kicked him in the head without being provoked as he lay on the ground during an arrest outside of his mother’s home. According to the statement of claim in the lawsuit being filed, Dumas spent nine days in hospital following the alleged incident.
The statement of claim says Dumas’s mother, Irene Dumas, let officers in her home on Dec. 9, 2020,to search for weapons, but nothing was found.
During that time, the document says Pacey Dumas and his brother Blair Dumas were asked to step outside. Blair Dumas was placed in handcuffs and Pacey Dumas was told to lay face down on the sidewalk with both hands visible, the lawsuit alleges.
The claim also states that Dumas was compliant with Police, was not carrying any weapons and was never charged with a crime.
Both Contable Todd and police Chief Dale Mcfee deny any wrong doing in a statement of defence and claim the man posed a “lethal threat” to the officers.
Neither set of claims has been proven in court.
ASIRT is expected to release its final decision on the case on Thursday.
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