he inmates are running the asy'

LAST week in
Wanaimo, a provincial
court judge sentenced
two RCMP members
to nine months in jail
for an alleged assault
committed on a local
thug during an arrest.

The judge in the case,
Robert Higinbotham, had
sonie stinging comments not
oniy of the nwo members
involved, but of the officer
commanding the Nanaimo
detachment who had the
temerity to criticize his deci-
sion.

The case raises some seri-
ous questions. Not the least
of which is whether a police
officer engaged in the exe-
cution of bis or her duty can
expect reasonable, fair and
equitable treatmeiit at she
bar of justice should he find
himself in the dock.

The story starts in the
early morning hours of April
9, 1996 in downtown
Nanaimo. Two constables,
Shawn Boudreau and Raj
Sandhu, were on patrol sit-
ting at an intersection when
the y spotted a 1981

Idsmobile bein driven by
fatal rounder and ne’er-do-
well, Dennis Burdick.

Now, bear in mind this is
now two o' clock in the
raorning and the bars arc
just closing.

The officers engaged
their emergency equipment
to stop the car. Burdick
stopped promptly for police.
In fact he stepped a little

- too promptly. He was
angled away from the'curb
and into the street. A cyni-
cal, old ex-cop might say he

~was positioning himself for a

ssible flight if things
egan to go awry.
We should perhaps pause
dra moment and have a
at Dennis Burdick. You

“Tf he happened to (get arrest-
‘ed, well, that was just a by-
roduct’ of.the evening's

n.. Suffice £0 say, he’s well-

, cam ng Soon
{00
Anhlesie:

known to local police.

The two officers deter-
mined Burdick had in fact
been drinking. Shocked as
they were at that revelation,

“Evidently, the
police chief of
a community ...
can’t have an
opinion, at least
in public.”
he was put into the back
seat of the patrol car, There

is some dispute as to
whether or not Burdick was

- handcuffed. Police say no,

Burdick says yes.

Burdick admitted to
police he’d consumed “two”
beer during the evening. He
later told the court he'd had
four. I suspect he can’t
count. He also had a syringe
in his pocket at the time of
his arrest.

There was no evidence he
is diabetic.

At any rate, one officer
sat in the front scat and
began asking the routine
questions — name, address,
FPS number (finger print
record). The other officer
began checking the vehicle a
little closer. Burdick claimed
he'd just purchased the vehi-
cle the week previous. The
police computer showed the
plates had expired a year
earlier. Closer inspection
showed the “current” insur-
ance validation tag had been
altered. Surprise!

Constable Boudreau
went to the rear door,
opened it ro ask Burdick
about the altered tags.
Burdick then pulled
Boudreau into the police car
and a struggle then ensued
as Boudreau tried to extri-
cate himself.

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Sandhu, secing the
p dicament his partner was
in, went around to the other
side of the car, opened the
door and delivered several
well-placed kicks to
Burdick’s head and shoulder
area. One of these found its
mark and broke Burdick’s
nose, causing him to let go
of Boudreau.

During the struggle,
Boudreau tried pepper spray
which did not have the

Wednesday, August 26, 1998 — North Shore News — 7

desired effect, hence the
need for Sandhu’s actions.

Moments later the patrol
supervisor came by the scene
and, as the officers were
describing the activities,
Burdick kicked out the rear
side window of the police
car.

The police assumed
Burdick was trving to
escape. Together, they
hauled him out of the car on
to the ground and, with

Burdick fighting and strug-
gling, managed to get him
cuffed and secured. Burdick,
by the way, is 6 foot three
and 230 Ibs. and evidently
no shrinking violet.

During this ser ugsle,
Burdick was choked and
punched once, by Sandhu.
Some, but not all, of this
activity was observed by an
uninvolved man 100-150

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