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

Aaliyah Rosa. File photo
Crown says murder of seven-year-old in Langley was planned, deliberate

The trial of KerryAnn Lewis began Monday in New Westminster

Tom Hammel (Special to Langley Advance Times)
COVID gives Langley musician time and inspiration for new album

Collaboration brings ‘high-level’ artists together – but not literally

It’s been eight years since Gordon Spencer (pictured), and cousin, ‘Lil’ Bruce Mayo, were gunned down in a home in Langley, and Spencer’s widow is hoping someone who knows something will step up (file)
Eight years on and still no answers in Langley double murder

Wife of victim makes public appeal for people with information to come forward

Share your opinion with editor@langleyadvancetimes.com
LETTER: Langley Township council daytime meeting prevents resident involvement

A newcomer to the community is concerned about working people not being able to local politics

Aldergrove’s Shaelyn Lorensen won the 2019-2020 Youth Remembrance Contest with her artwork, held through the Legion National Foundation. (Shaelyn Lorensen/Special to The Star)
Aldergrove resident wins legion’s national youth remembrance art contest

Shaelyn Lorensen’s work is now on display at the National War Museum in Ottawa

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

Graphic on promo material for Best Buy Canada’s Tech Wonderland event.
Drive-through ‘Tech Wonderland’ coming to PNE site a few weeks before Christmas

Best Buy Canada-backed ‘holiday’ event to raise money for charity

B.C. Provincial Health Officer Dr. Bonnie Henry. (B.C. government photo)
Unnamed school in Fraser Health region closed due to COVID-19

Closure announced by Dr. Bonnie Henry during daily briefing

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

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

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

Chilliwack-Kent MLA Laurie Throness watches the results on election night. The ex-Liberal’s tumultuous campaign and the narrow margin for victory ahead of the mail-in ballot count leaves the future of the riding’s seat in limbo for at least the next week. (Facebook/Laurie Throness)
B.C. VOTES 2020: Future for Throness uncertain as Chilliwack-Kent awaits results

Chilliwack-Kent candidate hopeful, resigned waiting on final count

Most Read