The Alberta Serious Incident Response Team issued a scathing report into an Edmonton Police Service constable's arrest of a subject where he kicked the man in the head 'like kicking a soccer ball" while the man lay on the ground.."It showed a shocking lack of judgement and disregard for the life of the AP (affected person.)" ASIRT executive director Michael Ewenson wrote in a report released Thursday.."The public expects significantly better from a police officer. The SO (subject officer) was standing above a 90-pound, 18-year-old and pointing a firearm at him with two other officers nearby offering assistance. While the law allows police to use force during an arrest in appropriate circumstances, using a life-altering kick directly to the head of this AP as a first resort cannot be supported.".ASIRT took their report on the incident to the Crown's office that declined to press charges..The incident took place December 9, 2020, when 911 operators took a call about a fight. The cellphone connection was poor and contact between the caller and the dispatcher was interrupted, but eventually the dispatcher learned there was a fight and a male at the scene with a knife, said the ASIRT report..Officers surrounded the house in question and ordered the occupants out..Pacey Dumas and his brother both left the house and were complying with police directions..A witness from inside the house said Const. Ben Todd then moved towards Dumas and kicked him in the face “as if you’re kicking like a soccer ball.” .Todd refused to speak to ASIRT, but did provide his notes on the incident..Todd wrote Dumas came out of the residence on his own and with his hands in his pockets, and he told him to show his hands and get on the ground..Dumas kept his hands in his pockets and Todd told him that if he did not remove his hands, he could be shot, according to his notes..Dumas got on the ground and began crawling towards Todd and when he was 1.5 metres away told him he had a knife.."At this point, the SO said that the AP told him he had a knife, and the AP started to reach into his pockets as though he was looking for something. The SO repeatedly told him to show him his hands, but the AP did not comply," the officer's notes said.."The SO, in his report, said he couldn't use his hands in dealing with the AP since he was holding his carbine. He felt the other two officers with him were not reacting and so he was forced to act... the SO said he heard another person exiting the front door and was therefore 'forced to take action.' The SO then kicked the AP in the face.".Dumas was rushed to hospital in life-threatening condition where doctors performed a decompressive hemicraniectomy, which is a removal of a significant portion of the skull to relieve pressure on the brain. The victim was diagnosed with “critical intracranial injuries, with subdural hemorrhage and midline shift.” He spent nine days in intensive care and had extensive follow-up treatment. The effects of his injuries will be long lasting, "if not permanent," said the ASIRT report.."A kick to the head always presents a serious risk. If the SO kicked the AP like he would a soccer ball... it was clearly a use of force that was intended or likely to cause death or grievous bodily harm."."There were therefore reasonable grounds to believe an offence may have been committed by the SO.".A knife was found nearby, but it turned out to be unrelated to the incident.
