Image from a video taken of the arrest on May 30 in downtown Kelowna.

Attorney General of Canada defends Kelowna Mountie involved in rough arrest

Tyler Russell filed a lawsuit against Const. Siggy Pietrzak in June of this year

The Attorney General of Canada (AGC) has denied excessive force was used in a May arrest in Kelowna during which a local Mountie was caught on camera punching a man several times in the face.

Tyler Russell filed a lawsuit against Const. Siggy Pietrzak, the B.C. Minister of Justice and the AGC after video of the offence went public in June 2020.

In a response to that claim filed earlier this month, the AGC denies Russell’s allegations that Pietrzak assaulted him, contending instead that Pietrzak’s strikes allowed officers to gain control over Russell.

“The AGC denies that the RCMP Members used excessive force in apprehending the plaintiff, or otherwise, and say that any force they used against the plaintiff was reasonable and justified in law,” reads the AGC’s response to the civil claim.

According to the AGC’s response, on May 30, 2020, an RCMP officer located Russell in a vehicle that, upon investigation, he was found to be driving without permission of the owner.

Upon request, Russell got out of the vehicle and officers noted a strong smell of alcohol, prompting them to seek a breath sample. At that point, the response claims, Russell became agitated.

Based on Russell’s “yelling and aggressive behaviour,” the officer sensed the situation escalating and requested back-up.

Another officer arrived and unsuccessfully attempted to assist the first officer in restraining Russell.

It was then Const. Pietrzak arrived on scene.

“(He) applied multiple closed hand strikes to the plaintiff’s head in order to gain control over the plaintiff. The constables were then able to bring the plaintiff to the ground, place handcuffs on him, and move him to the back of Const. Donahue’s police vehicle,” stated the AGC.

In the vehicle, the filing alleges, officers found half a bottle of hard alcohol behind the passenger seat; a glass pipe with unburned white powder, believed to be either cocaine or methamphetamine; and a flap of white powder, believed to be either cocaine or methamphetamine, in a wallet that contained Russell’s identification.

READ MORE: Kelowna man sues Mountie, province after viral arrest

READ MORE: Kelowna officer at centre of punch-throwing arrest also faced 2018 complaint probe

While being held at the RCMP detachment, Russell asked for medical attention. The suit claims upon the arrival of EHS personnel, Russell was “yelling and acting aggressively” towards them.

Russell was placed in a restraint chair to allow healthcare workers to examine him and was subsequently transported to the hospital without charge.

According to Russel’s claim filed back in June, he suffered damage to his nose, facial bruising, swelling and excessive bleeding, as well as damage to his face.

The claim also alleges Russell was unlawfully treated while at the detachment, that officers forced him to leave the hospital without receiving the care he needed and that when Russell was detained at the detachment RCMP was negligent. It also alleges his Charter rights were breached claiming he was detained without being provided with a reason and not informed of his right to retain counsel immediately.

As a result of the incident, Russell claims he has now suffered embarrassment and suicidal ideation. He alleges he now suffers from PTSD, repeated and ongoing nightmares, anxiety, nervous shock, tenderness to his face and ribs and constant and severe migraines, among other issues.

S/Sgt. Janelle Shoihet, the B.C. RCMP’s senior media relations officer said Pietrzak remains assigned to administrative duties and his duty status is subject to continuous review and assessment.

An internal investigation of Pietrzak’s actions remains on-going. The findings of that investigation will be forwarded to the BC Prosecution Service for charge consideration.

None of the claims made by the AGC nor Russell have been tested in court.

Do you have something to add to this story, or something else we should report on? Email: michael.rodriguez@kelownacapnews.com


@michaelrdrguez
Like us on Facebook and follow us on Twitter.

lawsuitRCMP

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Katrine Conroy has won for the fifth time in the Kootenay West riding. Photo: Submitted
Katrine Conroy ready to tackle challenges after election

Conroy won the Kootenay West riding for the fifth time

Students at Stanley Humphries will be staging Nightmare on Seventh. L-R Emily Conley and Claire Cartwright are all dressed up and ready to go. Photo: Jennifer Small
Zombie apocalypse coming to Castlegar

High school students staging scary food drive

A view of the Burton Flats area. Photo: Submitted
Work progresses on man-made wetland near Burton

The project is already seeing modest results

Katrine Conroy
Katrine Conroy declared winner in Kootenay West

Preliminary results put NDP candidate firmly in the lead.

There are few details but neighbours a Second Avenue house in Chilliwack say a huge police presence descended on the home after shots were heard. (File photo)
RCMP looking for witnesses in $5000 auto part theft

Two catalytic converters valued around $5000 were taken Oct. 22

FILE – Provincial Health Officer Dr. Bonnie Henry provides the latest update on the COVID-19 pandemic in the province during a press conference in the press theatre at Legislature in Victoria, B.C., on Thursday, October 22, 2020. THE CANADIAN PRESS/Chad Hipolito
B.C. shatters COVID-19 records with 817 weekend cases; masks now expected indoors

Three people have died over the past three reporting periods

Some of the characters in the League of Legends video game. (Photo: na.leagueoflegends.com)
E-sports trial at B.C. high schools to start with ‘League of Legends’ team game

For fall launch, Vancouver’s GameSeta company partners with BC School Sports

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

A nurse performs a test on a patient at a drive-in COVID-19 clinic in Montreal, on Wednesday, October 21, 2020. THE CANADIAN PRESS/Paul Chiasson
Interior Health sees 31 new cases of COVID-19 over record-breaking weekend

Eighty-six cases remain active and one person is hospitalized with the virus

RCMP have released more details regarding what led up to an arrest caught on video in Williams Lake Sunday, Oct. 26. (Facebook video screenshot)
Review launched after ‘high-risk, multi-jurisdictional’ chase, arrest in Williams Lake

RCMP launching a full review and code of conduct investigation

(Pxfuel)
B.C. limits events in private homes to household, plus ‘safe six’ amid COVID-19 surge

Henry issued a public health order limiting private gatherings to one household, plus a group of ‘safe six’ only

B.C. Liberal Leader Andrew Wilkinson speaks during a drive-in car rally campaign stop at a tour bus operator, in Delta, Saturday, Oct. 17, 2020. THE CANADIAN PRESS/Darryl Dyck
Andrew Wilkinson stepping down as B.C. Liberal leader

Will stay on until the next party leader is chosen

Most Read