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A former Calgary police officer who fractured a handcuffed suspect’s cranium throughout a 2015 arrest has misplaced an attraction of his aggravated assault conviction.
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In a break up choice launched Friday, the Alberta Courtroom of Attraction dismissed Trevor Lindsay’s attraction of the 2019 conviction.
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“The trial decide made complete and detailed findings of truth, that are amply supported by all of the proof,” two of the three judges wrote.
In a prolonged dissenting opinion, Choose Tom Wakeling wrote that the trial decide’s failure to handle key questions on using cheap drive and the dangers Lindsay and his accomplice confronted warranted a brand new trial.
The court docket heard Lindsay repeatedly punched Daniel Haworth within the face as she eliminated him from a police automobile on the arrest processing unit 4 years earlier. He then grabbed Haworth and turned him the other way up, hitting his head on the pavement.
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Haworth, 35, suffered a cranium fracture and mind damage within the altercation, which was caught on surveillance video. He died a number of months later of an unrelated drug overdose.
Lindsay was sentenced in October 2021 to 90 days in jail – to be served on weekends – and a 12 months of probation.
Lindsay testified that he tried to keep up management of Haworth as he took him to the bottom, however mistakenly grabbed Haworth’s hood and never his collar, inflicting him to fall more durable than he meant.
He argued an aggressive takedown was mandatory as a result of Haworth, who was arrested for allegedly stealing invaluable cash from his ex-girlfriend, tried to spit blood on him.
“There have been no cheap grounds for the primary strike. Though there have been cheap grounds for using drive to stop unintended or careless spitting after the primary strike, the drive (Lindsay) used was extreme,” Justices Barbara Veldhuis and Jolaine Antonio wrote in dismissing the attraction has.
