A criminal defence lawyer who witnessed two police officers arrest and Taser a mentally ill man appealed the matter before the Law Enforcement Review Board Thursday, alleging police did not do their due diligence investigating the incident.
On Dec. 23, 2011, Tom Engel and his daughter Kate saw two police officers talking to a man across the street. The pair decided to watch.
They allege they saw the police search the man without reading him his rights, swear at him and then Taser him.
Engel wrote in his witness statement that he did not see the man resist physically or act aggressively and heard him cry out in agony only after he was Tasered.
Engel complained, alleging the officers used unlawful or excessive use of authority, neglect of duty and discreditable conduct.
The acting chief, Brian Simpson, decided not to go ahead with a disciplinary hearing since he said the man threatened the officers with a broken glass bottle. Neither Engel nor his daughter witnessed that.
Engel claims there was “a bias and also a reluctance to conduct a full investigation.”