Retired firefighter sues Peterborough OPP for unlawful arres

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Retired firefighter sues Peterborough OPP for unlawful arres

Postby Thomas » Sun Sep 16, 2012 1:46 am

Man testified curiosity led him to peer inside van after he thought police investigation was over

James Cumming says curiosity led him to peer inside a van involved in a collision when he was arrested at a barbecue in 2009.

He told court Friday he thought police had finished their investigation.

The 60-year-old Lakefield man is on trial charged with obstructing police by tampering with evidence and assault resisting arrest.

Despite the testimony of three OPP officers, Cumming insisted he wasn't drunk and at the most had 2 1/2 beers and none before he got to the barbecue. Three of Cumming's friends and a firefighter he ran into also said they didn't think he was drunk.

Cumming was attending the Peterborough County Cattlemen's Association barbecue Aug. 2, 2009 when ambulance and police were called to the Bridgenorth farm because a van had hit a woman. The van was designed for someone with disabilities - with hand levers to control the gas and brake and no front seat, but a spot for a wheelchair.

Immediately after the crash Cumming, a retired firefighter, said he and his wife, a nurse, went to help and another firefighter came to assist as well.

After police arrived Cumming approached OPP Const. Keith Beasley. They both testified there was a short conversation. Cumming said he learned there was something special about the van.

But it wasn't until after returning to his group of friends and then on his way to look at some cattle that Cumming decided to take a look at the van.

Cumming said he was curious because when he was younger he knew someone who drove a van without a front seat and instead used a kitchen chair or pop crate.

Cumming said he opened the van's door and leaned in, with at most his upper body.

That's when Cumming says he heard Const. Bruce Hanna say "step away" from the van.

"I thought he was joking. I had no reason to figure why he'd be angry."

After the officer's second command to step away Cumming said he took a step and then was told he could be arrested.

"I guess I didn't step away fast enough for them," Cumming said.

"This all happened in a matter of seconds."

None of the three officers testified Cumming tampered with any evidence when he looked in the van.

Cumming said Hanna "could not have put (the handcuffs) on any tighter."

Back at the police station Hanna said Cumming had trouble walking and was unco-operative. Hanna previously testified that after freeing Cumming's right hand from the handcuffs, Cumming pulled his arm back and made a fist.

Cumming said he was bringing his arms to the front of his body so he could rub his sore wrists. Hanna began yelling "he's assaulting me" and Cumming said he was pushed to the floor.

Hanna testified that at one point he struck Cumming in the head to "gain control."

Cumming testified he remembers Hanna putting pressure on his inner ear, but doesn't remember being struck although he did have blood on his face when he got home.

Court also heard Friday that Cumming never had his rights read to him.

Closing arguments will be heard April 21.

Mr. Justice Robert Graydon is presiding over the trial

fisaacson@peterboroughexaminer.com

http://www.thepeterboroughexaminer.com/ ... n-was-over
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Re: Retired firefighter sues cops for unlawful arrest

Postby Thomas » Mon Sep 17, 2012 5:22 am

Man acquitted on charges laid at barbecue

A judge ruled Friday that it's not a crime to act "unreasonable and immature" and acquitted a Lakefield man of all charges stemming from his arrest at a Peterborough County Cattlemen's Association barbecue in 2009.

James Cumming, 60, was found not guilty of wilfully obstructing police by tampering with evidence and assault resisting arrest.

"There was no good reason for Mr. Cumming to act that way," Mr. Justice Robert Graydon said about Cumming's behaviour towards police at the barbecue.

But Graydon accepted that Cumming was "curious" and that he "did not intend to wilfully obstruct police by looking inside" a van involved in a collision.

Graydon, who delivered his decision in Port Hope, also questioned if there were reasonable probable grounds for Cumming's arrest.

In a matter of seconds on Aug. 2, 2009 Cumming went from being a guest at the barbecue to being handcuffed, thrown in the back of a police cruiser and taken to the Peterborough County OPP detachment.

Police were originally dispatched to the barbecue, at a Bridgenorth farm, for a collision that had nothing do with Cumming.

A van designed for someone with disabilities - with hand levers to control the gas and brake and no front seat, but a spot for a wheelchair - had hit a woman. Cumming opened the door and looked inside the van about an hour after police arrived.

When Const. Bruce Hanna told Cumming to step away there was a brief exchange when Cumming asked the officer "is it your property?" and later said "go ahead, arrest me."

Hanna testified that Cumming was "tampering with evidence" by remaining in the door area of the van.

"There was no improper interference in the brief conduct that Mr. Cumming engaged in," Graydon said.

Graydon said in his opinion Hanna had already disturbed the evidence because he tested the van's levers and touched other parts of the van before Cumming arrived.

"An experienced officer would not have done that if they were concerned about continuity (of evidence)," Graydon said.

Cumming, a retired firefighter who had been to other collision scenes, thought the investigation was done. In fact "it was very nearly complete," Graydon said, because all that was left to do was take photos of the vehicles. Graydon said police tape wasn't used to isolate the scene.

Graydon accepted the evidence from Cumming's friend, who was with him before and during the barbecue, that Cumming was sober, contrary to what police said.

At the police station Hanna's "patience had worn thin" with Cumming, Graydon said.

Hanna testified he thought Cumming was going to hit him after freeing Cumming's right hand from the handcuffs at the police station, in an area that isn't videotaped.

Hanna said Cumming made a fist. Cumming said he was bringing his arms around to the front of his body so he could rub his sore wrists. Hanna "grounded" Cumming and punched him twice in the face.

"It might well be that Officer Hanna's conduct was entirely reasonable," Graydon said.

"The administration of justice would be better served with the installation of a (video) camera."

Outside the courtroom Cumming was pleased with the decision.

"I'm quite happy it's over," he told The Examiner.

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http://www.thepeterboroughexaminer.com/ ... t-barbecue
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Re: Retired firefighter sues cops for unlawful arrest

Postby Thomas » Mon Sep 17, 2012 5:23 am

Retired firefighter sues cops for unlawful arrest

By Sarah Deeth, QMI Agency

PETERBOROUGH, Ont. -- A retired Smith-Ennismore-Lakefield firefighter is suing the OPP (Ontario Provincial Police) and one of its officers for a total of $350,000, alleging that he was unlawfully arrested and assaulted in August 2009.

James Cumming is claiming $250,000 for assault, battery and false imprisonment, $50,000 for aggravated damages and $50,000 in punitive damages.

The OPP hasn’t filed a statement of defence.

None of the allegations have been proven in court.

On Aug. 2, 2009, Cumming was at a cattlemen’s barbecue with his wife and another couple when they saw a vehicle hit a pedestrian.

The claim states Cumming helped the injured pedestrian until paramedics and the OPP arrived, including Const. Bruce Hanna.

Cumming was peering inside the vehicle when Hanna became belligerent, the claim alleges, arresting Cumming and slapping a set of handcuffs on his wrists.

“Const. Hanna not only handcuffed the plaintiff, but deliberately and maliciously forced the handcuffs unnecessarily tight, causing damage and injury to the plaintiff’s wrists and hands,” the claim says.

According to the claim, Cumming was then taken to the Lansdowne St. E. OPP detachment, where he stayed in handcuffs for a long period of time.

He was thrown onto the concrete floor of a cell by Hanna, the claim alleges, and repeatedly punched.

He was then left in the cell despite needing medical attention and that he had soiled himself, the claim says.

Cumming was charged with obstructing police and assaulting a police officer with an intent to resist arrest.

He was acquitted of both charges following a trial in May 2011.

The claim argues that there were no grounds to arrest and charge Cumming, and that he was falsely imprisoned as a result of the charges.

He incurred significant legal fees to defend himself, the claim states, and the malicious and wilful behaviour of Hanna constitutes unlawful assaults and batteries.

“The plaintiff states that as a result of the assaults upon him, he has sustained permanent and profound injuries, including, but not limited to, paraesthesia affecting the hands and wrists; tinnitus in his ears; headaches; dizziness; muscular and ligamentous straining and tearing in his neck and back; and multiple contusions and abrasions,” the claim states.

Paraesthesia describes a burning and tickling feeling in the skin. It’s more commonly known as a limb “falling asleep,” or a “pins and needles” feeling.

Cumming has, or may have to undergo, hospitalization, medication, physiotherapy and, “invasive diagnostic procedures,” the claim states, and suffers from anxiety and undue mental hardship as a result of police actions.

http://cnews.canoe.ca/CNEWS/Canada/2012 ... 85516.html

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