Judge quashes ‘Wild West’ accusations against police in drug-dealing case

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This article was published 26/07/2015 (3189 days ago), so information in it may no longer be current.

A Winnipeg drug dealer who claimed his rights were violated when police tactical team members used “Wild West” tactics to storm into his Fort Rouge home is now fighting to stay out of jail.

Christopher Li was convicted of possession of cocaine for the purpose of trafficking and possession of property obtained by crime following a trial earlier this year. He returned to court Monday for sentencing.

The Crown is seeking a three-year prison term, while Li has asked for a conditional penalty that will allow him to remain free in the community. Queen’s Bench Justice Herbert Rempel has reserved his decision until later this summer.

Li tried to get his case tossed out of court, claiming police violated the Charter of Rights and Freedoms during the so-called dynamic entry in which he was caught with close to $6,000 worth of cocaine, more than $2,000 in cash and various drug paraphernalia.

Defence lawyer Mark Wasyliw argued there was no reason for such a heavy-handed approach by officers — which included a battering ram, flash bang and high-powered weaponry. He asked for the evidence against his client to be dismissed and suggested police didn’t “do their due diligence” and carry out a proper investigation and simply decided to flex their muscle without proper authority.

But Rempel rejected that bid, finding police acted properly and within their mandate.

“They had reasonable grounds to believe there was a real risk of violence,” the judge said.

Li was one of three targets of a search warrant police obtained from a magistrate during their 2012 investigation, court was told. Although he had no criminal record, Li was believed to be an associate of the Zig Zag Crew, the puppet club of the Hells Angels.

One of the other targets did have a criminal record for violence and was facing weapons charges. There were also links to the Hells Angels. As well, the Dudley Avenue house that was being raided was previously known to have air-soft guns inside.

For these reasons, police applied for the type of “no-knock” warrant that allowed seven officers of the specialized tactical support team to knock the front door down, toss a flash bang inside and go in with military-style rifles.

Police expressed safety concerns over what could be on the other side of the door, while raising the possibility drugs could be flushed if the targets weren’t taken by surprise. A magistrate agreed and issued the warrant.

In his ruling, Rempel said that was reasonable and police made “logical inferences” in how they handled the raid.

“The actions of police were proportional to the risk of violence and possible destruction of the evidence,” Rempel said. He said there was no suggestion police “assumed they had carte blanche… for a Wild West-style dynamic entry.”

“They were in compliance of key requirements of the search warrant,” Rempel said.

Li was the only person found inside the home when police burst in. He emerged from a bedroom and gave himself up to police. No firearms were found. Police found the drugs hidden under a couch and in a jacket, while the large wad of cash was inside a dresser.

www.mikeoncrime.com