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
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