Officer used Taser on man, 76, for seatbelt infraction, court told
April 26, 2011
A Calgary police officer is on trial charged with assaulting an elderly man during a traffic stop.Photograph by: Vancouver Sun files, .CALGARY — A Calgary man testified Tuesday that his neighbour, 76, was kicked, had his head bashed against the roof of his vehicle and was shot with a stun gun by a police officer during a traffic stop for a seatbelt infraction.
Glenn Schmidt told Crown prosecutor Julie Snowdon that he saw the officer stop Aitchley Ferguson's car in an alley behind their residences, then repeatedly told him he was under arrest on April 17, 2009.
"(The officer) grabbed him by the left arm," said Schmidt. "Mr. Ferguson grabbed his hat, then the officer took his head and bashed it against the car. It was pretty extreme. He did it two more times, still having hold of Mr. Ferguson's arm. He was dragging him everywhere."
"They were two feet away from the car . . . he started kicking (Ferguson) in the back of the legs, about three times, to get him down."
Later, said Schmidt, when Ferguson continued to struggle and the officer was only able to get the handcuffs on one hand, the officer pulled out his stun gun and shot him twice.
The first shot, he said, seemed to stun Ferguson. The second shot put him down.
"I thought he killed him," said Schmidt. "I thought, 'Oh my God, I can't believe what I just saw. Then backup (police) and EMS arrived.
"It was a half-hour before I realized he wasn't dead. Then the ambulance loaded him up."
Schmidt said the officer never said anything about wanting the senior to go to the ground, but just kept repeating that he was under arrest.
"I think he (Ferguson) just wanted to talk to the officer, that's all," said Schmidt.
Daryn Swanson, 30, a seven-year city police veteran, is charged with assault with a weapon and assault causing bodily harm.
Ferguson earlier told court he never resisted the officer, he could not hear what the officer was saying and was compliant.
He said he was stopped for not having his seatbelt done up while driving.
Under cross-examination, Schmidt agreed with defence lawyer Willie deWit that Ferguson was resisting, but added his neighbour is very hard of hearing and just wanted to know why he was being stopped.
The trial before provincial court Judge Gordon Deck continues.
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