Edmonton police sued for $1M after officer cleared of criminal charges

Max Bird, the man who was injured during an arrest in October 2023, is suing the Edmonton police (EPS) for $1 million.

On Monday, an Alberta court cleared EPS Const. David Castillo’s of criminal charges for using excessive force.

Gerald Roth, lawyer for Bird, said his client was still absorbing the not-guilty verdict.

“He’s in a little bit shock,” Roth said. “He’s fairly angry.”

“He did feel like he was on trial, and his actions were under scrutiny, however it is the court process, it is part of the justice system,” Roth added.

Roth, who was at the court on Monday for the verdict, said that while the judge acknowledged Bird was assaulted but they ultimately agreed with Castillo’s recollections that his use of force was reasonable, acquitting of him all charges.

However, one of the other officers involved has pleaded guilty to an offence.

Roth says a civil lawsuit could turn out differently.

“They tasered him four times, dislocated his elbow, hit him about the face several times, and caused bruising on the face and a cut on the back of the head, and notwithstanding the acquittal yesterday, we intend to present these facts to a civil court to determine whether or not they were justified,” Roth explained.

Bird was arrested by EPS officers while looking into catalytic converter thefts near Whitemud Drive and 66 Street in October 2023. The incident was caught on camera by the police helicopter.

Last year, in an interview with CityNews, Bird said that he was cooperative with police when they stopped and arrested him.

“I sat down like so, had my hands up and they went ahead and tased me. I rolled down the embankment and they beat me up,” Bird said.

“I don’t even have the strength to hold a cup of coffee anymore.”