Davidson ultimately found both Adsett and Beaver were credible witnesses. He faulted Beaver on only a few points, including his claim he had placed the bear spray on the ground when he surrendered to police — a claim Beaver admitted was incorrect after being shown the surveillance video.

Davidson said, in hindsight, Adsett was mistaken in his assessment of the situation. However, he noted police are entitled to make mistakes in fast-moving situations like the Beaver arrest, “so long as they are honest ones.”

That is, he said, officers are trained that they have the right to escalate their use of force if they believe someone is threatening to incapacitate them.

Adsett testified in his own defence. He told court he arrived to find a chaotic scene centred on what appeared to be a man resisting arrest.

In the case of Mr. Brooks, Professor Turè said, other options were available to the officers: Identify Mr. Brooks through his car and track him down later, for instance, or call for backup to help apprehend him.

Adsett, a member of the tactical team, arrived a short time later in a separate vehicle and found the two officers grappling with Beaver underneath them. He armed himself with a Taser and asked the officers if Beaver was resisting. He got no response from either officer and smelled bear spray in the air, so he fired the Taser into Beaver’s back.

“There was nothing in Mr. Beaver’s demeanour that would suggest any need for force,” Davidson said, adding Beaver deserved to be treated with “more compassion, respect and dignity” by the other officers involved.

DrivestunTASER

The bear spray in the air heightened the tension. Davidson concluded the spray remained in Beaver’s pocket and went off accidentally during the struggle with police.

The fatal police shooting of Rayshard Brooks in Atlanta has put a spotlight on a number of officer tactics, including the use of stun guns.

Davidson concluded Adsett did assault Beaver, but that his actions were protected under Section 25 of the Criminal Code, which governs use of force by police officers.

Court heard the officers were in the area after the EPS helicopter spotted someone checking car doors in the neighbourhood, though it was later established Beaver was not that person. Beaver had outstanding warrants, but none of the officers knew this when they decided to arrest him.

Two uniformed officers then exited the unmarked SUV and identified themselves as police. One drew his pistol and pointed it at Beaver as he walked down the alley beside Transcend Coffee. A security camera captured the entire arrest, showing Beaver raising his hands and lying prone on the ground as the officers approached.

Whathappens if you get tased in the head

The judge said Adsett established he was authorized to enforce the law, that he acted on reasonable grounds, and that he was permitted to use as much force as is necessary for that purpose.

Davidson disagreed. He said Adsett had no way of knowing how the encounter with Beaver began when he arrived. Instead, he was confronted by two officers struggling with an apparently resistant man.

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Davidson nonetheless noted Beaver suffered an “assaultive” arrest despite following police direction and showing “the compliance one would expect of a respectful citizen confronted by police officers.”

drive-stun vs taser

Beaver was arrested on March 23, 2021, while walking to a friend’s home in Ritchie. Beaver told court he planned to visit a family member on the north side and wanted to pick up a bike from the friend because it was late and the LRT had stopped running.

Davidson concluded by saying there were nevertheless “elements of this case that are deeply disturbing,” in particular how Beaver was treated at the outset of the arrest.

Davidson concluded Adsett did assault Beaver, but that his actions were protected under Section 25 of the Criminal Code, which governs use of force by police officers

Mr. Brooks, 27, had fled from the police after failing a sobriety test, and grabbed a Taser from an officer during a struggle, the authorities said.

Kalfani N. Turè, an assistant professor of criminal justice at Quinnipiac University in Connecticut, said the shooting of Mr. Brooks was what was known in police circles as “lawful but awful.”

The fatal police shooting of Rayshard Brooks, a black man who was found asleep in a car in a drive-through at a Wendy’s on Friday night in Atlanta, has reignited the debate over Tasers.

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Const. Dustin Adsett was found not guilty Tuesday after Court of King’s Bench Justice Kent Davidson concluded Adsett’s decision to fire his Taser into Lee Van Beaver’s back as he lay on the ground beneath two other officers was not excessive and protected under Section 25 of the Criminal Code.

Drivestunmeaning

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As Beaver neared Ritchie Market, he noticed a blacked-out SUV that appeared to be following him. He grew paranoid and said he thought he was about to get “jumped.” Beaver pulled out a can of bear spray from where he carried it at his side.

When he later watched the surveillance video of the entire arrest, Adsett was “disheartened” to see Beaver had complied with police directions and only appeared to be resisting due to the way the other officers were manipulating his body.

“During the chase, Mr. Brooks turned and pointed the Taser at the officer,” the authorities said, adding that “the officer fired his weapon, striking Brooks.”