Indigenous teen kicked in head by Edmonton police officer pursues private prosecution
Posted September 12, 2023 11:37 am.
Last Updated September 12, 2023 3:18 pm.
Pacey Dumas, the Indigenous man who was kicked in the head by an Edmonton police officer in 2020, has applied for private prosecution after the officer avoided criminal charges.
Dumas was 18 when an officer used a “life-altering kick directly to the head … as a first resort” during an arrest, according to an April report by Alberta’s police watchdog.
In the report, the Alberta Serious Incident Response Team (ASIRT) recommended criminal charges against the officer.
But the Crown decided not to pursue a case.
BACKGROUND: Rally for Indigenous man kicked in head by Edmonton police officer
On Monday, lawyer Heather C. Steinke-Attia said Dumas “took an important step towards justice for himself” when he attended “the courthouse to swear an Information for Private Prosecution.”
Steinke-Attia says a provincial court judge will hear the matter Oct. 13.
“Evidence will be presented on behalf of Pacey and a judge (will decide) if a criminal charge of Aggravated Assault will be issued against the police officer,” Steinke-Attia said.
Pacey Dumas applying for applied for private prosecution at the courthouse Sept. 11, 2023. (Submitted by: Heather C. Steinke-Attia)
Dumas and his family filed a lawsuit against Const. Ben Todd in November 2021.
The statement of claim says officers responded to a call about a fight at a home in the early hours of Dec. 9, 2020. They were told a knife was present, and a brother of Dumas was placed in handcuffs while Dumas was ordered to the ground, says the document.
The lawsuit alleges Todd kicked Dumas without warning or provocation, causing him serious injury. Doctors had to remove a portion of his skull to ease pressure from his brain and a metal plate was later put into his head, says the document.
No charges were laid against Dumas or his brother.
—With files from The Canadian Press
