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"...Dempsey, who suffered from torsional dystonia that caused him to shake uncontrollably..."
"...The five-minute video shows a handcuffed Dempsey being led by Kamloops Mounties into city cells on Oct. 23, 2004 after he was arrested on obstruction charges. At one point, Dempsey can be seen sticking his foot in an attempt to prevent the officers from leading him through a doorway.
He is then tackled to the ground with one officer putting his knee into Dempsey’s back while another one removes something from his service belt and presses it against Dempsey’s lower back. Dempsey lays motionless for awhile and then is uncuffed by one of the officers."
Kamloops law firm wants Taser tape returned
By Cassidy Olivier - March 12, 2008
The fate of a leaked videotape showing a Kamloops man being tasered by city Mounties remained uncertain yesterday despite continued requests from a local law firm to have the tape and any copies returned.
On Monday, a copy of the tape, which shows John Glen Dempsey, 45, being tasered in the Kamloops RCMP detachment — was made public by the lawyer representing Dempsey in a civil suit against the Mounties.
Dempsey died several weeks ago while walking along the Coquihalla Highway.
However, hours after the tape was released and several copies were made and distributed to media groups, Jaime Ashby, a partner with Cates Carroll Watt, sent out a written release requesting all copies of the tape be returned.
The change of mind was based on a Supreme Court decision pertaining to the use of documentary or oral information for purposes other than litigation.
“Based on this case, we insist that you return the DVD of the incident and any copies you may have made and do not allow the DVD to be viewed,” read the release.
Later in the afternoon, the RCMP released its own statement, advising the videotape “should not have been released” as it related to an ongoing civil matter.
Const. Annie Linteau, strategic communications officer with E-Division, confirmed an internal investigation into the “circumstances surrounding the video” had been conducted.
However, she said the findings would not be released pending the outcome of the civil matter.
Regardless, by Monday evening, the tape had been aired by several local and Lower Mainland-based media groups with stills taken from the video appearing in print. Ashby said yesterday morning she was uncertain what was going to happen next and was unable to offer comment on what legal or disciplinary steps her firm might be pursuing.
She did, however, reiterate requests to have the copies returned.
“It would be great to get as many copies back as we could,” she said.
The five-minute video shows a handcuffed Dempsey being led by Kamloops Mounties into city cells on Oct. 23, 2004 after he was arrested on obstruction charges. At one point, Dempsey can be seen sticking his foot in an attempt to prevent the officers from leading him through a doorway.
He is then tackled to the ground with one officer putting his knee into Dempsey’s back while another one removes something from his service belt and presses it against Dempsey’s lower back. Dempsey lays motionless for awhile and then is uncuffed by one of the officers.
He slowly starts to move again and is later seen pushing himself up into a sitting position. He then takes his shirt and pants off, puts them back on and then is led off screen by the officers.
Dempsey, who suffered from torsional dystonia that caused him to shake uncontrollably, launched a civil suit against Mounties last year alleging police brutality -- both in connection to the taser incident and the alleged abuse surrounding his initial arrest.
In the statement of claim filed in April 2007, Dempsey alleged he was punched about five times in the head by Const. Darwin Robbins when he tried to prevent the officer from arresting his friend, Gene Lyne who is also named in the civil suit. According to the claim, Robbins was using considerable force against Lyne, jumping on him “six to ten times” as he lay in the fetal position.
Dempsey, who was watching the events from an upstairs window, claimed he intervened in an attempt to pull Robbins off his friend. His uncontrollable shaking, however, caused him to fall on top of Robbins who then allegedly punched him in the head several times. Dempsey claimed the tasering caused the electronic device, implanted in his body to help control his shaking, to fail.
In a statement of defence, Const. Robbins claimed it was another officer who tasered Dempsey at the RCMP detachment.
Both Lyne and Dempsey were acquitted of all charges following a trial in January 2006.
While Lyne’s portion of the civil suit is still ongoing, Ashby said Dempsey’s has been put to rest following his death.
Dempsey was struck and killed by a passing car the evening of Feb. 20 as he walked along a stretch of Highway 5 near the Logan Lake turnoff. Moments earlier, he had rolled his car into a ditch. It is believed he was on his way to a rehab centre.
A week earlier he had been granted an absolute discharge on charges stemming from the theft of a poppy donation box from the Aberdeen Beer, Wine & Liquor Store. During his court appearance, Dempsey expressed extreme remorse for the act, likening to stealing candy from a child.
He said he was drunk at the time and contemplated returning the money the following day when he woke up, however, had “chickened out.” But he said he was eager to make amends for the crime by repaying the money and writing a letter of apology to the Canadian Royal Legion.
He also said was trying to address his drinking problem through counselling.
The fate of a leaked videotape showing a Kamloops man being tasered by city Mounties remained uncertain yesterday despite continued requests from a local law firm to have the tape and any copies returned.
On Monday, a copy of the tape, which shows John Glen Dempsey, 45, being tasered in the Kamloops RCMP detachment — was made public by the lawyer representing Dempsey in a civil suit against the Mounties.
Dempsey died several weeks ago while walking along the Coquihalla Highway.
However, hours after the tape was released and several copies were made and distributed to media groups, Jaime Ashby, a partner with Cates Carroll Watt, sent out a written release requesting all copies of the tape be returned.
The change of mind was based on a Supreme Court decision pertaining to the use of documentary or oral information for purposes other than litigation.
“Based on this case, we insist that you return the DVD of the incident and any copies you may have made and do not allow the DVD to be viewed,” read the release.
Later in the afternoon, the RCMP released its own statement, advising the videotape “should not have been released” as it related to an ongoing civil matter.
Const. Annie Linteau, strategic communications officer with E-Division, confirmed an internal investigation into the “circumstances surrounding the video” had been conducted.
However, she said the findings would not be released pending the outcome of the civil matter.
Regardless, by Monday evening, the tape had been aired by several local and Lower Mainland-based media groups with stills taken from the video appearing in print. Ashby said yesterday morning she was uncertain what was going to happen next and was unable to offer comment on what legal or disciplinary steps her firm might be pursuing.
She did, however, reiterate requests to have the copies returned.
“It would be great to get as many copies back as we could,” she said.
The five-minute video shows a handcuffed Dempsey being led by Kamloops Mounties into city cells on Oct. 23, 2004 after he was arrested on obstruction charges. At one point, Dempsey can be seen sticking his foot in an attempt to prevent the officers from leading him through a doorway.
He is then tackled to the ground with one officer putting his knee into Dempsey’s back while another one removes something from his service belt and presses it against Dempsey’s lower back. Dempsey lays motionless for awhile and then is uncuffed by one of the officers.
He slowly starts to move again and is later seen pushing himself up into a sitting position. He then takes his shirt and pants off, puts them back on and then is led off screen by the officers.
Dempsey, who suffered from torsional dystonia that caused him to shake uncontrollably, launched a civil suit against Mounties last year alleging police brutality -- both in connection to the taser incident and the alleged abuse surrounding his initial arrest.
In the statement of claim filed in April 2007, Dempsey alleged he was punched about five times in the head by Const. Darwin Robbins when he tried to prevent the officer from arresting his friend, Gene Lyne who is also named in the civil suit. According to the claim, Robbins was using considerable force against Lyne, jumping on him “six to ten times” as he lay in the fetal position.
Dempsey, who was watching the events from an upstairs window, claimed he intervened in an attempt to pull Robbins off his friend. His uncontrollable shaking, however, caused him to fall on top of Robbins who then allegedly punched him in the head several times. Dempsey claimed the tasering caused the electronic device, implanted in his body to help control his shaking, to fail.
In a statement of defence, Const. Robbins claimed it was another officer who tasered Dempsey at the RCMP detachment.
Both Lyne and Dempsey were acquitted of all charges following a trial in January 2006.
While Lyne’s portion of the civil suit is still ongoing, Ashby said Dempsey’s has been put to rest following his death.
Dempsey was struck and killed by a passing car the evening of Feb. 20 as he walked along a stretch of Highway 5 near the Logan Lake turnoff. Moments earlier, he had rolled his car into a ditch. It is believed he was on his way to a rehab centre.
A week earlier he had been granted an absolute discharge on charges stemming from the theft of a poppy donation box from the Aberdeen Beer, Wine & Liquor Store. During his court appearance, Dempsey expressed extreme remorse for the act, likening to stealing candy from a child.
He said he was drunk at the time and contemplated returning the money the following day when he woke up, however, had “chickened out.” But he said he was eager to make amends for the crime by repaying the money and writing a letter of apology to the Canadian Royal Legion.
He also said was trying to address his drinking problem through counselling. |
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