Calgary Transit investigates YouTube incident

Updated: Thu Nov. 19 2009 18:50:47

ctvcalgary.ca

A video posted on YouTube puts the actions of some Calgary Transit peace officers under the microscope.

The video was edited and posted on the website, earlier this week.

The incident starts when peace officers tell two men they can't smoke on the LRT platform.

The edited video then shows an altercation between the men and the officers.

One of the officers is shown using pepper spray and a baton on one of the men. A man, facedown on the ground, is also kneed by the officer. The video does not show the events leading up to these moments.

Calgary Transit is investigating the incident but says so far it appears the officers did everything right.

Transit officials say its platform security video shows the entire incident. They also say the officers were provoked and shoved by the men.

Transit also says it thinks the intent all along may have been to get arrested and get it on tape.

"We're concerned that the incident was partially to goad officers into taking enforcement actions on camera. That's based on comments that are actually on that video indicating that one of the individuals won't be going back into the bar until he is arrested," says Brian Whitelaw from Calgary Transit.

The men were arrested that night and are facing charges of obstruction, resisting arrest and assault of a peace officer.

NEWS STORY VIDEO http://watch.ctv.ca/news/...clip237309
[Edited 11/20/09 11:56am]

Transit officer brutality?

By MICHAEL PLATT, Sun Media

Last Updated: 20th November 2009, 4:00am

If not for the uniforms, there’d be no controversy.

If not for the uniforms, it’s nothing more than a video of foul-mouthed drunks getting the comeuppance they richly deserve, for acting like juvenile jerks in a public place.

There are many Calgarians who’ll say the joint-smoking rubes on the downtown C-Train platform deserved far more than they received, for taunting and resisting two Calgary Transit officers early Monday morning.

But the throngs of people who’d happily queue to kick these young punks in the seat of their baggy pants aren’t peace officers.

Peace officers are trained to keep their cool, and to handle volatile situations with professionalism and tact.

When you wear a uniform, you can’t let temper get the better of you.

And that’s why there’s controversy.

Instead of two fools getting what they deserved, this is footage of officers possibly using excessive force to detain and arrest two suspects.

Whether it really is excessive force is up for debate — but it does appear to show one Transit officer losing his temper, chasing a suspect, and then repeatedly slamming his knee into his lower back, while the suspect is on the ground.

The video, obtained by the Sun, starts with a local hip-hop artist named Cody “The Catch” Tkach smoking what appears to be a joint, while standing on the bench of a C-Train platform downtown.

Tkach, who tells the cameraman he’s drunk, had just finished a performance at the Distillery Pub on 7 Ave. S.W.,

As Tkach stands on the bench, puffing away, a person later identified as his brother T.J. is heard to say, “Cody’s going to get arrested before he even gets back in the (expletive) bar.”

It’s an uncanny prophesy.

Transit police soon arrive, and one officer is seen smiling at Tkach as he explains smoking isn’t allowed.

The film suddenly cuts off, and resumes with the same officer restraining Tkach and demanding he produce identification.

Be it bravado or lack of brains, a squirming Tkach curses and offers to produce his male member instead.

Chaos ensues, as the officers attempt to arrest Tkach — as one cop pins the struggling rapper, the other officer uses pepper-spray and swings his baton to keep the suspect’s angry friend at bay.

It goes on like this for a few minutes, and then calms slightly.

But when the person identified as T.J. starts mocking the second officer, calling him a “biatch”, the cop suddenly gives chase and tackles the suspect to the ground.

He’s then seen kneeing the face-down suspect, twice.

It’s this double-kicking that’s at the heart of the allegations of brutality.

Tkach’s supporters say it’s clear the officer lost his temper, and physically assaulted a helpless suspect.

“Staying calm is part of their job — they knew they were walking into a situation that was potentially volatile, and they did nothing to prepare,” said Bill Speta, a friend of the Tkach brothers.

The Tkachs are both charged with assaulting an officer, and are said to be consulting with a lawyer.

Through layman’s eyes, it certainly appears one of the officers lost his cool — the knees to the kidney area suggesting a boiling temper rather than a reasonable restraint tactic.

But Brian Whitelaw, head of transit safety, said it’s a technique used to get a suspect’s hands behind his back.

“That move is an approved stunning technique and its designed to get the hands of an individual out to be handcuffed,” said Whitelaw.

Whitelaw said the incident is still under review, but it appears officers did everything right.

He said second suspect had earlier shoved the officer, something difficult to see in the edited tape.

“From my perspective so far, the officers have acted consistent with their training, our policy and the law,” said Whitelaw.

Still, an independent review is in order.

Whether these drunken fools were asking for trouble or even hoping to trigger a confrontation with police

isn’t the question. No one expects intelligent behaviour from silly young men who can’t handle their booze.

But officers wearing a uniform that’s supposed to represent a reasonable and measured response?

Public trust in law enforcement requires exemplary behaviour from peace officers.

In this case, it’s not clear that trust was earned.

http://www.calgarysun.com...14621.html

This is the Youtube video that was posted on Tuesday. The rap show was on Sunday, so this incident was 1 a.m., technically, Monday.

Calgary Transit stands by officers who arrested pair


By Richard Cuthbertson, Calgary Herald

November 19, 2009


CALGARY — Calgary Transit is reviewing how its officers dealt with the arrest of two people during a struggle that was captured on video and posted on YouTube.

The video and accompanying information alleges officers "beat down" a hip-hop artist named Cody the Catch

Two men are now facing charges, including assaulting a peace officer, resisting arrest, obstructing peace officers and two transit infractions.

"We'll continue our investigation, but we don't find misconduct with the officers at all," said Brian Whitelaw, transit's co-ordinator of public safety and enforcement.

The video shows a young man, who appears to be intoxicated, smoking on an LRT platform. A Calgary Transit security van pulls up and two officers speak with the man, who is standing on a bench. They tell him he can't smoke on the platform.

There's a break in the video, and when it resumes, the officers have a hold of the man. It appears they want identification.

There is a struggle inside one of the transit shelters, where the man looses his shirt. Another transit officer uses pepper spray and swings a baton at a second man. Later, he runs after the second man and makes an arrest. While the second suspect is on the ground, the officer knees him twice in the side.

Whitelaw says if viewers simply rely on the video, it suggests the officers did overreact to the minor infraction of smoking on the platform.

But he says the video has been edited. He said an officer was pushed by the second suspect, and that the first man was trying to leave as transit security attempted to give him a ticket.

Neither Calgary Transit nor Calgary police say they've received a complaint concerning the incident.

Cody Tkach, 22, and Tyler Tkach, 19, both face charges related to the incident.

http://www.canada.com/Cal...story.html
[Edited 11/20/09 9:54am]

YouTube arrest video could incriminate suspects
Footage fails to show assault on peace officer, says Calgary Transit

CBC News

Calgary Transit is standing by the actions of its peace officers in an arrest captured in a video and posted on YouTube.

The edited footage, which runs four minutes and 18 seconds, was posted on the popular video sharing site Tuesday.

It opens with a young man identified as Cody (The Catch) Tkach, a Calgary rapper, who is smoking. He tells the camera he is drunk.

A voice is heard in the background saying, "Cody's going to get arrested before he even gets back in the ... bar."

Transit officers then approach and tell Tkach and his friends that smoking is not allowed on the downtown C-Train platform.

The video cuts to a shot of an officer with his arm pinned against Tkach's neck. The next shaky image shows another officer pepper-spraying and swinging his baton at a second man.

Another scene shows a man taunting one of the officers, who gives chase and tackles him. The officer then appears to knee the suspect in the back twice.

The video does not show what happened leading up to the altercations, which was also captured by Calgary Transit's security cameras.

"There are key missing parts, in particular where one of the officers is assaulted by one of the individuals at the scene," Brian Whitelaw, Calgary Transit's co-ordinator of public safety and enforcement, told CBC News on Thursday.

"What you don't see is the actions of two individuals who have assaulted the officer that you later see on the video with the baton and the pepper spray."

After reviewing all its footage, Whitelaw said the officers acted appropriately and in compliance with law, procedures and policies in dealing with the group of seven people.
Calgary Transit says the YouTube video does not show a peace officer being assaulted before he chases down and tackles a suspect.Calgary Transit says the YouTube video does not show a peace officer being assaulted before he chases down and tackles a suspect.

"The use of force in this case is appropriate," said Whitelaw, adding that Calgary Transit has not received a complaint about the incident.

Doug King, an associate professor of justice at Mount Royal University, said the footage can be used against the suspects in court.

"It's always entertaining to see people who are so stupid that they put their idiocy on camera and then open themselves up to criminal charges," said King. "The peace officers' actions were appropriate, were measured, were well within the realm of what one can expect."

Two men have been charged with one count each of assaulting a peace officer, resisting arrest and obstructing justice under the Criminal Code.

One of them was also charged with the bylaw offences of smoking on the platform and having his feet up on the seat.

Questions swirl around YouTube video
KRISTA SYLVESTER
METRO CALGARY
November 20, 2009 12:52 a.m.

Calgary Transit peace officers may have been “set up” after a video of an incident involving an altercation was posted to You Tube, according to an official.

Calgary Transit head of safety Brian Whitelaw confirmed there was an incident involving two peace officers in an altercation with several men early Monday morning at a downtown platform, but believes they may have been targeted.

“We’re trying to determine if we were set up by a group trying to make a video.” Whitelaw said.

While transit officials are reviewing the incident, they said no formal complaints have been filed against the officers as of yet.

The video, which was significantly edited, shows a local hip-hop artist named Cody (The Catch) Tkach smoking what officials believe to be an illegal substance and when approached by the officers, an altercation ensued resulting in the officers using physical force.

Tkach and his brother have both been charged by Transit peace officers for assault and resisting a peace officer.

The Calgary police service said they are not involved with the investigation, although they were called to the initial incident.

Great thread Cinnie ! Thanks .

is it an insult if i say that expect the people of Alberta to side with the police

so I read Canadian rapper and thought:



which of course leads to:

whistle said:

most people feel that way. i think we missed a lot in those edits too which might shed some light on things like an assault on an officer.
BUT, AT THE SAME TIME, it seems like officers of the peace gotta have better ways of dealing with drunk people using transit late at night. like, i'm pretty sure that's why they are staffed.

Incidents like this make me fucking embarassed to be Native. Bunch of fools.

They deserved it.
They were drunk and being aggressive.

Cinnie said:

i'm on the side of the rappers...i'm just saying, i view AB as a pretty conservative, rednecky place (tho i don't know Calgary too much), so i would expect them to side with the police.

it certainly isn't like many places in BC.

BklynBabe said:

Cinnie said:

such filth!

shame on you Cinnie!

whistle said:

You would be correct. Most people are like "Why don't these officers have tazers for for situations like this?"

For situations like someone being drunk and smoking on the C-train platform?

There has to be better ways of de-escalating a very common situation without pepper spray, etc (let alone tazers!).

whistle said:

I don't think the reaction would have been the same from the officers or the public in BC.

CHIC0 said:

Someone made that gif from the video I linked under it.

meow85 said:

Most people seem to assume he is white, but you are correct.

muirdo said:

I'm not sure that justifies that barbaric scene

BklynBabe said:

bklyyyyyn babe! shame on yuh!

KoolEaze said:

Here's a video someone made making fun of Cody's incident

MichaelPlatt said:

I'm sorry, but

Cinnie said:

one of them swung at the policemen,
well done Canadian police.
As if they have nothing better to do than keep a few middle class suburban wiggas in line.

Security footage shows unedited fight with transit cops
Public opinion split between whether officers were right or wrong in scuffle

By NADIA MOHARIB, SUN MEDIA

Last Updated: 21st November 2009, 4:08am

CALGARY -- Police have now gathered video surveillance of transit officers arresting two men after a scuffle on a downtown C-Train platform, with the footage likely destined for court.

Two men, including a local hip-hop artist named Cody "The Catch" Tkach, are charged with one count each of assaulting a peace officer, resisting arrest and obstructing justice related to Monday's incident.

Footage recorded by a friend of the accused -- which was posted on YouTube -- shows the pair taunting the officers and resisting arrest.

A person later identified as Tkach's brother T.J. is heard saying, "Cody's going to get arrested before he even gets back in the (expletive) bar."

It shows a transit officer seemingly losing his temper, chasing one of the men and repeatedly slamming his knee into the lower back of one of them, raising public allegations of excessive force.

The solicitor general has been notified of the incident while transit officials are reviewing the officers' actions.

Brian Whitelaw, head of transit safety, said he believes the officers were doing their job as instructed.

Unlike the YouTube version, Whitelaw said the transit take shows "the whole incident caught on tape. It probably lasts for about seven minutes," he said yesterday.

It can only help to also have the YouTube version, he said.

"We consider our own CCTV evidence to be very good to support the prosecution in the case ... but it's a good independent record," he said.

Ald. John Mar, who sits on the Calgary Police Commission, said the unedited surveillance video shows the officers acted as they were supposed to.

"I've seen the unedited version. It shows first of all an individual who is admittedly drunk," he said.

"From my experience as a police officer ... they did act appropriately given the circumstances."

As for the publicity, Whitelaw said the officers were aware they were being caught on tape, so to speak, "so it wasn't like it was surprise video."

He said the court of public opinion seems to show supporters on both sides from those who feel "the peace officers were in the wrong" to others "supporting the officers and seeing the (two arrested) as authors of their own misfortune."

muirdo said:

That's just the thing! In reality... they were just drunk and harmless.

Cinnie said:

is that before or after you swing a punch at a law enforcement officer?

I like how the transit officials' defense can't decide whether they were "set up" by a bunch of cunning masterminds, or if they were de-escalating a dangerous situation caused by people who could not handle their liquor.

muirdo said:

I realized the famous Youtube was edited, and indeed the transit officials say their surveillance footage will prove otherwise, but I haven't seen that alleged assault. I guess truth will prevail.