ncertainty cast over acti WHEN provincial court Judge R. Miller pronounced a not guilty verdict last week against the three Vancouver police offi- cers charged with assault emanating from the now infamous arrest of the hulking David Davidson at the Roxy sightclub in August 1997, the courtroom erupted with the cheers of fel- low officers sitting in the gallery. But before the cheers had subsided, Miller pronounced one of the officers, Constable Brad Brewer, guilty of a separate but relac- ed assault. The mystifying decision has the potential to affect every police officer in the province who has to be physically involved arresting a suspect. The three officers have been through a year of hell, their own version of the Queen’s unnns borribilus, It started a vear ago, almost to It it's EWS, then it’s crime and aa! punisinnent the day, when Vancouver Police Department Chief Constable Bruce Chambers arbitrarily announced the suspension of the officers before the Crown had even decided on whether charges should be laid. The resulting outcry from the rank and file forced the chief to reconsider his ill- conceived move and he rein- stated the officers, albeit to administrative duties, not on the street where they had served the community for a combined almost 40 years. The chief's ham-fisted handling of rhe situation resulted in an unprecedented show of disrespect for the office of the Chief Constable and triggered a morale issue that festers to this day. In what can only be described as a face-saving move, the “Roxy Three™ were charged criminally before the file had even made its way through the checks and balances in the system. This, despite the fact there were no credible wit- nesses supporting the assault allegations and a myriad of witnesses, both police and civilian, supporting the offi- cers’ version of events. The primary witness against the officers was one of their own, 2 female officer then known as Constable Kare Yeo. Yeo, who later changed her name to Caprari, initially described Davidson as “a violent animal.” Strong words, but seemingly appro- priate when the scope of his behaviour that night is looked at. Unfortunately, under oath, she changed her mind and stated those words were an “embellishment.” Indeed. During the lengthy inter- nal investigation she changed her version of events on sev- eral occasions, seemingly , Lube & Filter 21 pt. Safety check. 15 minutes - FAST! Includes up t: 5 ttres of 10w30 Cuakerstate 1362 Marine Orive 980-91:'5 Mon-Sat 8:00am-6:00pm, Sun. 9:00am-5:0Gamn Expires, Var, 299 The ultimate in tea, nd tisanes and associated Park Royal South next to the Vanden osch paraphernalia at Ze'Tea Store 921-2888 nether one of ‘aur des igns. For Free Estimate call 922-4975 or 987-2966 (Ask about our Servorn Discouns) Labour $12.50 per pane! unfined, $13.50 lined. Custom Reds, Upholstery & Bedspreads jgg how Low Prices Insurance mServices Inc. 986-5265 & ae ae ure 1 oy CALL TODAY 105-2C0 West Esplanade North Vancouver (Located beneath Famous Players Theatre} unable to get it exactly right. But throughout, she maintained that constables Brewer, Keiron McConnell and Acting Sergeant Rod Pederson, brutally kicked Davidson while he was hand- cuffed and being dragged to the paddy wagon. In reality, of the three, only Pederson was “hands on” with the hulking, juiced- up biker wannabee. To prove their innocence, both McConnell and Brewer took polygraph exams and passed. Yet, despite this and the fact there was no corrobor: ion, they were still charged. In Brewer's case, while he was supposedly putting the boot into Davidson, he was actually dealing with a bystander, Michael Dowler, who had scen fit to get into a scuffle with a bouncer at the Roxy while the police were trying to deal with the initial problem. Dowler declined to take Brewer's advice to leave well enough alone and depart lest he be arrested for obstruc- tion. While he was being searched, he spun around on Brewer who had placed him | BENEFITS Over 40 and worked in U.K. for about & years? Attend these vital one-hour info. meetings Canadian Alliance for Sritish Pensions. Voluntary. Non-Profit. Sat Feb. 20: W.V. Senior Centre. Marine & 2151. $1 am and again at 2 pm. 922-8507 Estate and Wednesday, February 17, 1999 — North Shore News - 7 ins in arrests & in the search position — with both arms outstretched on the same paddy wagon Davidson was being loaded into on the far side. Brewer reacted in the way he had been trained. He grabbed Dowler by the throat and pushed him back against the wagon and got control of the young rowdy. He spun him around and completed searching and handcuifing his prisoner. Dowler, for his part, got very contrite and begged not to be sent to jail, spoiling his otherwise ciean record. Brewer then made his first mistake. He cook pity on Dowler and ordered the wagon driver to simply remove him from the area and release him without charge. Had Brewer followed through wich the charging of Dowler, doubtless he would not be in the situation he finds himself in today. So much for having a heart. Now, Dowler, it should be told, was very gratctul for the break Brewer gave him. He did not initiate any com- plaint. Rather, he was con- acted by internal investiga- tors and pushed into making his statement. Brewer never hid or in aay way tried to cover up whar had occurred with Dowler. He truly believed he had done everything by the book. In fact he was backed up by the department’s own use of force expert. Sergeant Joel Johnson testified it “was a natural transition of prisoner spins to gain control of the pris- oner.” He explained the hold used by Brewer was not only appropriat:, but was a training move. Vet, Brewer was found guilty by Judge Miller. Miller gave a 10-page written decision. He decid- ed, somehow, that Caprari was being truthful and courageous. This might be true if this was a “Serpico” type situa- tion — honest cop fighting against corruption and run- ning against the Blue Wall of Silence. Bur not in this case. 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