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Const. Daniel Montsion, one of the Ottawa police officers under SIU investigation in the deadly arrest of Abdirahman Abdi, once panicked in a violent takedown of another Somali-Canadian man.
This was revealed earlier this week when Abdullah Adoyta, 25, was acquitted on gun charges after a judge expressed concerns about the reliability of Const. Daniel Montsion’s sworn testimony about a 2014 police raid.
The constable’s version of events was at odds with Adoyta’s account, and Ontario Superior Court Justice Marc Labrosse noted that Montsion’s story conflicted with a senior officer’s testimony on key points.
Montsion made headlines in July when he was named as one of the officers of a Special Investigations Unit — a civilian police watchdog — probe into the in-custody death of Abdi, who died in police handcuffs at the front door of his apartment building.
During Adoyta’s arrest in 2014, Montsion was one of seven Ottawa police officers who raided an apartment on Baycrest Drive after a report that gang members had taken it over.
He was the second officer to rush in, and testified that he saw Adoyta get up and reach for his waist. Montsion said he then grabbed both of the suspect’s forearms. He told court that when he raised the suspect’s forearms up, his shirt lifted and he saw the grip of a silver semi-automatic handgun. The officer said he panicked and started kneeing Adoyta and ended up taking him to the ground, face down.
The officer described the takedown as a struggle, and once he was on top of the man, he didn’t see a gun fall out. He said he had to move the man to find the gun on the floor, underneath him. Once he had Adoyta in handcuffs, Montsion told fellow officers that he had found a gun. He made a point of telling court that he “sort of panicked” and felt that he should have yelled out about seeing the gun sooner than he did.
However, the judge had a problem with Montsion’s version of events. His story conflicted with the testimony of seasoned Sgt. Mark MacMillan. MacMillan told court that when he heard Montsion yell that he had found a handgun, the sergeant looked over and noticed that Adoyta was not yet handcuffed, so he grabbed the gun immediately. Because Adoyta was not handcuffed, the sergeant said his priority was the safety of other officers so he grabbed the gun with his bare hands instead of using gloves to preserve DNA and fingerprint evidence. The judge said it was a key failure in a circumstantial case, and didn’t accept that officer safety trumped the preservation of evidence.
The judge noted that the “manner in which (Adoyta) was taken down, with Const. Montsion raising Mr. Adoyta’s arms in the air and seeing the handgun in Mr. Adoyta’s waistline is difficult to both understand and accept.”
The judge also noted what he called an important inconsistency in the testimonies of MacMillan and Montsion about Adoyta’s state when MacMillan went to take the gun from Monstion. Beyond their conflicting evidence about whether Adoyta was handcuffed, the judge noted that Montsion testified that he was struggling with Adoyta at the time. But MacMillan told court that Montsion somewhat casually held up the handgun.
“This is inconsistent with the evidence that Const. Montsion was struggling with Mr. Adoyta,” the judge said.
In his ruling that acquitted Adoyta, the judge said Montsion was unable to provide continuity on the location of the handgun throughout his dealings with Adoyta, and noted that the Ottawa constable never distinguished between the grip of the black handgun and Adoyta’s large, silver Gucci belt buckle — during cross-examination Montsion said his notes indicated the grip of the gun was silver rather than black. “He did not acknowledge seeing both,” the judge said in his Sept. 7 decision.
During proceedings, Adoyta took the stand in his own defence.
The man testified that he had been invited by the tenant to the apartment to smoke weed and watch TV. When he saw the cops come in, he decided to “comply” and go to the ground but Montsion grabbed him by the collar and he landed to the side of a couch. He said the constable yelled “gun” about 10 seconds later, when Montsion was on top of him. He then said the officer started punching and kneeing him, and he testified that he saw a handgun on the floor about a foot and a half away from him.
He also testified that he had to resist arrest to protect himself and denied that he was ever grabbed by his forearms. In fact, he denied all of Montsion’s evidence about how he was taken to the ground with a handgun under him. The young man told court that he saw the gun on the floor at the exact moment Montsion was pulling his hair.
In his ruling, the judge said Adoyta did not see a gun on the floor before the police came calling and noted that the accused testified that he was “not suggesting that it was planted by police.”
Adoyta expressed relief this week after he was acquitted.
“My client was relieved and very happy with the acquittal as he always maintained his innocence from the time of the arrest,” said his lawyer, Diane Condo.
His lawyer also noted that in a 2014 police interview, her client told the police to analyze the handgun for his fingerprints because he had nothing to hide.
Montsion, who remains under SIU investigation in the arrest of Abdi, declined to comment for this story.
Some videos posted online following Abdi’s death show only what happened while police waited for paramedics beside the dying and handcuffed man. They did not start CPR until paramedics arrived. Doctors told his family that he was dead 45 minutes before he arrived at hospital. The videos do not capture any use of force by police officers.
Though the captions on the uploaded videos assert that police killed Abdi, what exactly happened on that Sunday morning is still under investigation by the SIU. What is known is that police responded to 911 calls reporting Abdi grabbing women’s breasts inside a Hintonburg coffee shop.
Once police arrived, they found Abdi. Police Chief Charles Bordeleau said Abdi continued to be “assaultive.” He ran away and police pursued. He was taken down by officers some 270 metres away on Hilda Street. Police used pepper spray on him, hit him with batons and used physical force. Some witnesses have described the takedown as a beating.
gdimmock@postmedia.com
twitter.com/crimegarden
查看原文...
This was revealed earlier this week when Abdullah Adoyta, 25, was acquitted on gun charges after a judge expressed concerns about the reliability of Const. Daniel Montsion’s sworn testimony about a 2014 police raid.
The constable’s version of events was at odds with Adoyta’s account, and Ontario Superior Court Justice Marc Labrosse noted that Montsion’s story conflicted with a senior officer’s testimony on key points.
Montsion made headlines in July when he was named as one of the officers of a Special Investigations Unit — a civilian police watchdog — probe into the in-custody death of Abdi, who died in police handcuffs at the front door of his apartment building.
During Adoyta’s arrest in 2014, Montsion was one of seven Ottawa police officers who raided an apartment on Baycrest Drive after a report that gang members had taken it over.
He was the second officer to rush in, and testified that he saw Adoyta get up and reach for his waist. Montsion said he then grabbed both of the suspect’s forearms. He told court that when he raised the suspect’s forearms up, his shirt lifted and he saw the grip of a silver semi-automatic handgun. The officer said he panicked and started kneeing Adoyta and ended up taking him to the ground, face down.
The officer described the takedown as a struggle, and once he was on top of the man, he didn’t see a gun fall out. He said he had to move the man to find the gun on the floor, underneath him. Once he had Adoyta in handcuffs, Montsion told fellow officers that he had found a gun. He made a point of telling court that he “sort of panicked” and felt that he should have yelled out about seeing the gun sooner than he did.
However, the judge had a problem with Montsion’s version of events. His story conflicted with the testimony of seasoned Sgt. Mark MacMillan. MacMillan told court that when he heard Montsion yell that he had found a handgun, the sergeant looked over and noticed that Adoyta was not yet handcuffed, so he grabbed the gun immediately. Because Adoyta was not handcuffed, the sergeant said his priority was the safety of other officers so he grabbed the gun with his bare hands instead of using gloves to preserve DNA and fingerprint evidence. The judge said it was a key failure in a circumstantial case, and didn’t accept that officer safety trumped the preservation of evidence.
The judge noted that the “manner in which (Adoyta) was taken down, with Const. Montsion raising Mr. Adoyta’s arms in the air and seeing the handgun in Mr. Adoyta’s waistline is difficult to both understand and accept.”
The judge also noted what he called an important inconsistency in the testimonies of MacMillan and Montsion about Adoyta’s state when MacMillan went to take the gun from Monstion. Beyond their conflicting evidence about whether Adoyta was handcuffed, the judge noted that Montsion testified that he was struggling with Adoyta at the time. But MacMillan told court that Montsion somewhat casually held up the handgun.
“This is inconsistent with the evidence that Const. Montsion was struggling with Mr. Adoyta,” the judge said.
In his ruling that acquitted Adoyta, the judge said Montsion was unable to provide continuity on the location of the handgun throughout his dealings with Adoyta, and noted that the Ottawa constable never distinguished between the grip of the black handgun and Adoyta’s large, silver Gucci belt buckle — during cross-examination Montsion said his notes indicated the grip of the gun was silver rather than black. “He did not acknowledge seeing both,” the judge said in his Sept. 7 decision.
During proceedings, Adoyta took the stand in his own defence.
The man testified that he had been invited by the tenant to the apartment to smoke weed and watch TV. When he saw the cops come in, he decided to “comply” and go to the ground but Montsion grabbed him by the collar and he landed to the side of a couch. He said the constable yelled “gun” about 10 seconds later, when Montsion was on top of him. He then said the officer started punching and kneeing him, and he testified that he saw a handgun on the floor about a foot and a half away from him.
He also testified that he had to resist arrest to protect himself and denied that he was ever grabbed by his forearms. In fact, he denied all of Montsion’s evidence about how he was taken to the ground with a handgun under him. The young man told court that he saw the gun on the floor at the exact moment Montsion was pulling his hair.
In his ruling, the judge said Adoyta did not see a gun on the floor before the police came calling and noted that the accused testified that he was “not suggesting that it was planted by police.”
Adoyta expressed relief this week after he was acquitted.
“My client was relieved and very happy with the acquittal as he always maintained his innocence from the time of the arrest,” said his lawyer, Diane Condo.
His lawyer also noted that in a 2014 police interview, her client told the police to analyze the handgun for his fingerprints because he had nothing to hide.
Montsion, who remains under SIU investigation in the arrest of Abdi, declined to comment for this story.
Some videos posted online following Abdi’s death show only what happened while police waited for paramedics beside the dying and handcuffed man. They did not start CPR until paramedics arrived. Doctors told his family that he was dead 45 minutes before he arrived at hospital. The videos do not capture any use of force by police officers.
Though the captions on the uploaded videos assert that police killed Abdi, what exactly happened on that Sunday morning is still under investigation by the SIU. What is known is that police responded to 911 calls reporting Abdi grabbing women’s breasts inside a Hintonburg coffee shop.
Once police arrived, they found Abdi. Police Chief Charles Bordeleau said Abdi continued to be “assaultive.” He ran away and police pursued. He was taken down by officers some 270 metres away on Hilda Street. Police used pepper spray on him, hit him with batons and used physical force. Some witnesses have described the takedown as a beating.
gdimmock@postmedia.com
twitter.com/crimegarden
查看原文...
