RCMP used excessive force says judge

  • Feb. 4, 2011 5:00 p.m.

By JULIE BERTRAND

Independent Reporter

Judge E.D. Riemer stayed the trial of Leslie J. Lattery of Mirror at Stettler Provincial Court on Thursday, Jan. 27 on grounds that the Stettler RCMP officer that made the arrest trespassed on Lattery’s acreage and used excessive force. Moreover, the detention of the accused in a cell at the Bashaw RCMP was unlawful and unnecessary, the judge ruled. The right to make a phone call of the accused was also breached.

“The RCMP officer’s treatment of the accused was cruel and unusual,” said Judge Riemer.

The RCMP went to Leslie Lattery’s home on July 5, 2009, after receiving a call from a minor. Lattery refused the RCMP the right to enter his property. As one RCMP tried to arrest him, the situation turned violent. Lattery’s foot was injured and one of his fingers was broken as a result of having the officer stomp on his hand. Lattery was accused of disturbing the peace and assaulting a police officer. He pleaded not guilty last summer. Lattery asked for a hearing to submit an application to get the personal cost of the trial reimbursed. Judge Riemer granted him a date.

Stevie Chalmers was placed on house arrest for four months after pleading guilty to stealing $3,147.75 while working at Canadian Tire in June 2010. She was also placed on probation for 12 months. She consented to pay full restitution of $3,147.75.

Scott House was sentenced to one day in jail after pleading guilty to mischief to property for breaking an A/C machine during a fight in a Stettler motel. He also pleaded guilty to three counts of failing to attend court. House had already been in jail for nine days on the day of the trial. He consented to pay full restitution of $1,162.02 for the broken machine.

Joy Corpataux of Red Deer was fined $1,500 for driving a motor vehicle with a blood-alcohol content exceeding .08 with an early guilty plea. She was also suspended from driving for one year. Corpataux was arrested in the early hours of Jan.1, 2011. The RCMP was alerted by a 911 call saying that a car was circulating in the wrong lane. Corpataux drove her car in a bank and was able to back out, only to end in the ditch.

William Curtis was fined $1,000 for impaired driving and for refusing to pass the Breathalyzer test. He was also suspended from driving for one year.

Trevor Dahl was fined $2,875 for a hit-and-run accident with an early guilty plea. He consented to pay full restitution of $500 for damaging beyond repair the victim’s 1993 car.

Ryan Hunt was fined $1,500 for assaulting and threatening Curtis Keil with an early guilty plea. Hunt cannot contact Keil directly or indirectly. Hunt has been taking anger management classes.

Chad Nelson was fined $880 after pleading guilty to letting his dogs run loose in the street and attack two elementary school students. The children were not harmed, as they were able to protect themselves with their backpacks. Judge Riemer warned Nelson to better contain his dogs.