A complaint has been filed about an RCMP constable who was caught on video punching Cory Nielsen and throwing him to the ground at the Red Deer detachment two years ago.
Nielsen was acquitted of impaired driving and resisting a peace officer last month after his convictions were overturned on appeal.
In issuing his decision, Court of Queen’s Bench Justice John Little remarked on the excessive use of force used by police on Dec. 17, 2012, the night of Nielsen’s arrest.
Nielsen’s lawyer, Deborah Hatch, now wants the RCMP public complaints commission to investigate Const. Eric Pomerleau, the officer involved in the altercation.
“Police have to investigate not only whether disciplinary proceedings are appropriate,” Hatch said, “but as in any other case where you have video that shows somebody gratuitously beating somebody else, who’s not even fighting back, you have to consider criminal charges.”
RCMP Inspector Gibson Glavin said Pomerleau’s conduct was investigated at the time but nothing was found to support criminal charges or a breach of the RCMP code of conduct.
Glavin said the force will review the appeal judge’s comments.
“If a conviction had been overturned for that reason, it would be cause for concern,” he said.
Pomerleau remains on active duty.
After CBC News reported on Nielsen’s case last year, Hatch was alerted to another video from August 2012 that shows Pomerleau in an altercation with a youth at the Red Deer detachment.
The video was entered as evidence in Nielsen’s appeal. Hatch said the videos reveal a pattern of behaviour that the RCMP should have already dealt with.
