Although witnesses cried out Â?police brutality,Â? three officers have testified they feared for their safety when a man grabbed for a service revolver during a struggle.
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What started out as a routine investigation into a traffic accident turned violent last Feb. 5 when Greater Sudbury Police tried to arrest Haddlam Robinson, 45.
Robinson has pleaded not guilty to two counts of assaulting police, uttering death threats to police, resisting arrest, attempting to remove an officerÂ?s weapon and domestic violence charges.
Robinson has a police record but no history of violence. The officers testified Robinson refused to leave the area so police could continue their investigation into a traffic accident involving him.
The officers testified they had no choice but to punch and kick at Robinson after he grabbed the service revolver of Const. Greg Smuland during a struggle on a Flour Mill street.
Defence counsel Victor Vere suggested it was Smuland who instigated the series of events leading to the violent confrontation.
Officers testified they reacted to a radio call about a man trying to flee an accident after getting his vehicle stuck in a snowbank in the middle of the afternoon.
Smuland, an eight-year police veteran, testified when he arrived on the scene Robinson Â?was very excitable and he seemed agitated.Â?
There were no signs of alcohol and he didnÂ?t believe Robinson had been drinking, he said. But he didnÂ?t believe RobinsonÂ?s version of how he had got stuck in the snowbank.
Robinson became more aggressive when the officer conjectured he had struck another vehicle and got stuck because he was looking at the apartment block where his former girlfriend lived, said Smuland.
Â?He became more confrontational and he called me a liar,Â? said Smuland.
He and fellow officers wanted to continue their investigation, but Robinson wouldnÂ?t leave the area after repeatedly being told to do so, said Smuland.
He told Robinson he was going to grab him by the shoulder and escort him off the roadway when Robinson looked him in the eye Â?and in a harsh voice said that if I touch his arm, he would put his foot up my ass,Â? said Smuland.
Smuland decided to arrest Robinson for assaulting police. He and Const. Victor Leroux grabbed him and brought him to the ground, the officer testified.
Robinson Â?turtledÂ? once on the ground and placed his hands and arms near his chest and curled up his legs and wouldnÂ?t allow police access to his hands to handcuff him, said Smuland. Smuland admitted he grabbed Robinson by the neck and chin and twisted his head to try and gain control, but this didnÂ?t work.
Within seconds Â?he reached up and grabbed the butt of my gun...I called out Â?heÂ?s got my gun, heÂ?s got my gunÂ?.Â?
He told Robinson several times to let go and started striking him with his free left hand, he said.
A large gathering of onlookers had gathered at this point, including RobinsonÂ?s stepfather, and several were crying out Â?police brutality.Â? The stepfather said he was going to join the fracas if police continued to inflict blows, said
Smuland.
He estimated Robinson grabbed onto his revolver for about 30 seconds, said Smuland.
When the defence lawyer suggested it was Smuland who provoked Robinson once he arrived on the scene, Smuland denied it.
He was only doing his job trying to get Robinson to leave the area so officers could complete their investigation, said Smuland.
When Vere suggested several witnesses saw a much different versions of events, Smuland said he never got statements from any of them because they only gathered after Robinson had grabbed his gun.
Â?The area of town we were in, they obviously donÂ?t like policeÂ? and he never considered returning to interview onlookers, said Smuland.
Const. Mark Kovala testified that Smuland yelled out in a Â?panicked stateÂ? Robinson Â?has got my gun, heÂ?s got my gun, heÂ?s grabbing at my gun,Â? said Kovala.
He initially believed those words meant Robinson had gained possession of the weapon and he prepared to back off and remove his own gun. But he saw Robinson was only grabbing at the weapon.
Robinson Â?is a very, very strong manÂ? who couldnÂ?t be subdued until a fourth officer arrived, he said.
Kovala agreed Robinson showed no signs of aggression toward him and was co-operative in the minutes he spent with him and things only escalated once other officers arrived.
Leroux testified he believed Robinson may have been suffering from mental illness problems because his speech and sentences were erratic and didnÂ?t make a lot of sense to him.
Robinson spent 30 days undergoing a psychiatric assessment in North Bay following his arrest. He was diagnosed as being fit to stand trial and was released on bail at a contested hearing March 12.
A date for the trialÂ?s continuation will be set next week.
