A North Vancouver RCMP officer will be sentenced for assault on Sept. 16. Const. Ron MacDougall, 39, pleaded guilty to a charge stemming from an incident that took place last December.
A fellow officer reported his aggressive mishandling of a break and enter suspect. The police department recommended the charge against MacDougall following an internal investigation.
On Dec. 30, 1997, at approximately 12:17 a.m., MacDougall, a three-year member of the North Vancouver Mounties' Canine Unit, responded to a break and enter call at Graham Carson secondary school on Jones Avenue.
Barmak Kasarei, 19, was charged with break and enter after a lengthy foot chase through a dense forest.
McDougall and his four-year-old police dog Bobbi chased Kasarei down a dark and unstable hillside near the school. Meanwhile, Const. Susan Tupper, had already caught Kasarei in a clearing near a ravine at the base of the hill.
With Kasarei safely handcuffed and lying face down on the ground, Tupper radioed to the other officers in pursuit, including MacDougall, that she had arrested the fleeing man.
According to a statement read in North Vancouver provincial court Wednesday by Crown prosecutor Shannon Halyk, MacDougall said he did not receive Tupper's transmission due to the density of the forest.
When MacDougall arrived at the clearing where Tupper had Kasarei pinned to the ground, he ordered the female officer to step back.
"One minute later, Tupper stated, she heard MacDougall and the police dog approaching," Halyk told Judge Jerome Paradis. "MacDougall yelled at her to 'get out of the way.' She stepped back from the charging dog and it bit the suspect on the back of the neck."
Halyk told the court that MacDougall then proceeded to kick Kasarei while the dog kept a firm jaw locked on the back of Kasarei's neck.
"Const. Tupper said he (MacDougall) kicked the prisoner (Kasarei) three or four times in the stomach and groin," Halyk said. "Kasarei assumed the fetal position and began crying while apologizing ... Const. Tupper said Const. MacDougall said, 'You think you can do a B&E?' and then dragged him (Kasarei) 10 feet with the dog still attached and kicked him once more."
Halyk added it was in keeping with the police dog's training to allow the animal to approach Kasarei in order to establish a sense of closure from the chase. After Kasarei was booked and placed in a jail cell at RCMP headquarters, Tupper was upset and reported the incident to her watch commander.
"Mr. Kasarei's injuries did not require medical attention. The only injuries on his body were from the two dog bites," Halyk told the judge. "It should be pointed out that Mr. Kasarei made no complaint to anyone at that point and only provided a statement when approached by the police's internal investigators on March 18."
Judge Paradis intervened, "Perhaps he was terrified of these aggressive officers ... I'm not saying this is the case, but it too is possible."
Jack Harris, MacDougall's defence attorney, said his client genuinely regrets his actions.
"In my view, his career should not be permanently blemished by a momentary loss of sense," Harris told the court. "He has admitted to being guilty of the assault."
MacDougall, an 18½-year veteran with the RCMP, has already been reprimanded by the police.
"Const. MacDougall will have a written reprimand on his discipline file. He is seeking professional counselling and will undertake an anger management course. He also forfeited two days' pay," Harris added.
RCMP Insp. Bill Dingwall said MacDougall is an outstanding police officer who is actively involved in the community.
"Const. MacDougall has been involved in countless community events including coaching minor hockey. He is a member of the Senior Citizens Awareness Group and he frequently gives talks to children on various safety issues," Dingwall said.
"Any allegation against one of our members (officers) always evokes mixed feelings within the department -- it's taken its toll on him (MacDougall)."
MacDougall was clearly remorseful for his actions as he sat with his head bowed during the court proceedings. The officer continues to work out of the North Vancouver detachment, but has put in a request to be transferred to his hometown in Nova Scotia. Harris also said MacDougall is willing to write a letter of apology to both Kasarei and Tupper.
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