Narrative Of Events
1. At 2230 hours on October 21, 2021, I was on uniformed patrol duties in the downtown core of Anytown, BC. I am a Police Constable with the Anytown Constabulary and have served in this capacity for twenty-one years. I am a Senior Constable and Recruit Field Trainer. At this time, I received a radio call of a fight in progress in front of Shakyâs Bar at 200 East Rigamarole Lane. I activated my emergency equipment as the dispatcher advised me there were multiple combatants and someone was on the ground, unconscious.
2. At 2233 hours, I arrived on scene. Exiting my police vehicle, I observed a man later known to me as the accused, Russell Brinks, being restrained by a man already known to me as Henry Lucas, the bouncer at Shakyâs, and a woman subsequently known to me as Irene Peers. Mr Lucas was bleeding from the lip. He stated, âThis asshole punched me in the face when I tried to stop him beating on that guy.â Lucas motioned to a man lying on his back ten metres away. This man was subsequently known to me as Bruce Peers.
3. I knew Henry Lucas from prior incidents at Shakyâs and considered him to be a reliable witness. This impression was reinforced when Irene Peers stated âThis guy hit on me, and when Bruce told him to stop, he just started pounding him in the face. If the bouncer hadnât gotten involved, heâd have killed my husband!â
4. At this point, Constable Paulson and Constable Chu arrived to assist me. I asked Constable Paulson to see to Bruce Peers and request an ambulance attend. I asked Constable Chu to contain the crowd, which by now had swelled to approximately two dozen people and see if he could obtain additional witnesses.
5. Brinks was subdued and not saying anything. I applied handcuffs to him and informed him he was under arrest for assault. As I applied cuffs, I noticed that his knuckles were cut and bloodied. I moved him to a seated position, then had him stand. At this point, he stomped on my right foot with considerable force, then attempted to do so again. I grabbed his neck from behind and applied a wristlock pain compliance maneuver. âStop resisting!â I shouted. With assistance from Constable Chu and Mr Lucas, I was able to take Brinks to my police vehicle, and search and secure him without further incident.
6. I read Brinks the Charter rights from my Police Services card (copy attached.). I cautioned him that any statements he gave me could be used as evidence. Brinks stated, âThat faggot over there started the whole thing. I was just defending myself, and thatâs all I got to say, pig. My lawyer is James Dobbins, and I want to talk to him.â I replied that he would have a chance to do so once we arrived at the station. I asked him if he needed medical attention, and he stated âIâm fine. Fuck you.â I noticed that Brinksâ breath smelled strongly of liquor. His speech was slurred, he laughed at inappropriate moments, and his eyes were bloodshot. He also appeared to have urinated in his pants. Aside from the cuts to his knuckles, he did not appear to have any other injuries.
7. I told Brinks that I would likely recommend charges of Assault (against Lucas), Assault PO (against me) and Aggravated Assault (against Bruce Peers). He replied, âGo fuck yourself.â I secured him in the back of my police vehicle. I then returned to the scene of the crime, to find BC Ambulance Paramedics tending to Bruce Peers. He was unconscious but breathing. His face was bloodied, and his right eye was swollen shut. There were no cuts on his knuckles. The Paramedics had taken Peersâ bloodied t-shirt off, and I took possession of this exhibit at this time, securing it in an evidence bag brought to me by Constable Chu. I then labelled the bag âExhibit 1â and secured it in the trunk of my police vehicle.
8. Constable Chu reported to me that nobody else in the crowd was able or willing to present themselves as a witness. I asked him and Constable Paulson to disperse the crowd, and then requested Constable Chu take a statement from Henry Lucas and photograph his injuries, while Constable Paulson attended the hospital to talk to Mrs Peers after she photographed Mr Peersâ injuries.
9. I ran Russell Brinks in CPIC and PRIME and discovered an outstanding BC-Radius warrant for Assault. I informed him he would not be released tonight but held over for first appearance in the morning. He was snoring at this point and appeared to be asleep. I transported him to the police station, where I roused him with the jailerâs assistance and escorted him inside the cellblock. I took his fingerprints on AFIS and photographed him for identity purposes, also photographing the cuts on his knuckles. I then contacted the number for James Dobbins and left a message that his client was under arrest and had requested counsel. I then secured Brinks in a cell.
10. At 2315 hours, James Dobbins called back, and was allowed to speak to his client in private. The conversation lasted 22 minutes. Brinks held up the phone to the cell window and stated, âIâm done.â Â I asked him, âAre you satisfied with counsel?â He replied, âYeah, fine.â I asked, âDo you want to tell me what happened?â âNo, fuck off.â He replied, and laid down, apparently going to sleep again. I had no further interaction with Russell Brinks.
11. At 2322 hours, Constable Chu returned from the crime scene with Henry Lucasâ statement (attached) and a memory card with two photos of the injury sustained to Lucasâ face, which I took possession of at that time. At 2345 hours, Constable Paulson returned from Anytown General Hospital, with a statement from Irene Peers (attached), a memory card with four images of injuries to Mr Peersâ face, and a medical report signed by Linden Burke, MD. I took possession of all the above items at this time, and secured them, along with the memory card containing the pictures I had taken and Bruce Peersâ shirt, in Evidence Locker #6 in the Exhibit Control Area.
1. That Russell Brinks did, without lawful excuse, commit an aggravated assault against Mr Bruce Peers, causing facial injuries and rendering him unconscious. Dr Burkeâs report suggested a brain injury was possible, and a definitive conclusion will require further testing and observation. Thus, I allege that Russell Brinks violated S 267 CCC.
2. That Russell Brinks did, without lawful excuse, commit an assault against Henry Lucas, who was exercising his authority as a citizen to stop Brinks from attacking Bruce Peers. Thus, Brinks did violate S 266 CCC.
3. That Russell Brinks did assault me, a peace officer in the exercise of his lawful duty thereby violating S 270(2) CCC.
4. I went off shift at 0100 hours, thereby completing my investigation.
5. I affirm that the above statement is true, to the best of my knowledge and belief;
Witness (ES) will say
a. Henry Lucas: Witnessed Brinks repeatedly punching Bruce Peers, including when he was down. Tried to stop assault, at which time Brinks punched him the face. Detained Brinks until police arrived.
b. Irene Peers: Was being sexually propositioned by Brinks and told him to leave her alone. Her husband Bruce Peers interceded and told Brinks, âLeave my wife aloneâ at which time Brinks began punching him.
c. Constable Edward Chu: Took witness statement from Henry Lucas and photographed injuries to him. Witnessed assault against me by Brinks and assisted in restraining Brinks.
d. Constable Ellen Paulson:Witnessed assault against me by Brinks. Â Photographed injuries to Bruce Peers, and took statement from Irene Peers.
e. Doctor Linden Burke: Emergency room physician who treated injuries of Bruce Peers.