A former drug addict charged with disability driving without evidence has just been cleared of the charges against him after being repeatedly ill-treated by police during his arrest.
“The conduct alleged by the police is serious. […] They must not use their considerable powers to go beyond the limits imposed on them, at the risk of creating situations that degenerate, as in the present case,” said Judge Jacques Ladouceur at the Amos courthouse in Abitibi-Témiscamingue.
On April 28, this ended the court case against Michel Junior Charron, who was accused of being unfit to drive, but also of bodily harm, threats of death or bodily harm to police officers and had defended himself in particular.
On August 3, 2020, Sûreté du Québec officials received a call regarding a road trip in Preissac, Abitibi-Témiscamingue. It should be noted that the police officers were only referred to by their surnames in the decision.
Arriving at the scene of the crime, they discovered Michel Junior Charron’s car badly damaged in the ditch.
The 46-year-old man is classified as a “violent” person by Quebec Police Intelligence. He has a number of prior convictions, including assault and burglary.
Police statements doubted
Shortly after arriving at the scene of the accident, Sergeant Gélinas arrested Michel Junior Charron for drunk driving.
However, the driver had claimed he was not using any drugs, smelled no cannabis and found no illegal substances during the search.
The police officer claimed in court that he arrested him because he was “very, very, very sleepy,” had “very, very heavy eyelids,” a shaky gait, and a longer than normal reaction time.
Judge Ladouceur, however, attaches very little importance to Sergeant Gélinas’ testimony, which he described as “riddled with exaggerations, inconsistencies, inconsistencies and contradictions”.
“Nothing could reasonably lead Sergeant Gélinas to believe that the defendant was driving his vehicle with a handicap,” he said.
Handcuffs way too tight
When Sergeant Gélinas proceeded to arrest Charron, he was so “dissatisfied” that the police officer asked his colleague for help in handcuffing him.
“Putting the handcuffs on then made the situation worse, as they were far too tight and caused real pain to the accused,” it says, specifying that Charron had been suffering from wrist pain for a month and a half .
The police then decided to use violence against him, including kicking him, putting on a spit mask and spraying him with cayenne pepper.
Go to the toilet to wash yourself
Michel Junior Charron was then transported to Amos police station and will remain in his cell for almost ten hours, with handcuffs on his back.
These restrictions prevented the defendant from rinsing his face with tap water. So he had to stick his head in the toilet bowl to relieve his pain caused by the cayenne pepper.
During this maneuver, Charron even “heard comments and laughter from some police officers,” it says.
After his release, the defendant demanded that photos of his wrists be taken to show the injuries caused by the handcuffs.
Photo submitted to court
The police officer, who photographed his hands, which show deep marks on his wrists, described the injuries in court as “severe”.
“It is unacceptable to continue the trial in the face of such behavior by the police in relation to an alleged crime for which the police officer initially had insufficient grounds for arrest,” concluded Judge Ladouceur, ordering a stay of the trial against Michel Junior Charron .
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