A Yukon man assaulted by an RCMP officer has launched a civil suit involving an incident that was recorded in a police vehicle.
Duke Beattie filed the lawsuit against Const. Jason Potter, who pleaded guilty to assault. Const. Daniel Rouleau, who was at the scene, is also named, along with the RCMP and the Attorney General of Canada.
The suit filed in Yukon Supreme Court alleges malicious prosecution and misfeasance in public office or negligence by officers in their arrest and investigation of Beattie.
Beattie, a resident of Carcross, is also claiming general, special, aggravated and punitive damages and costs.
The allegations have not yet been heard in court, and the RCMP did not immediately return calls seeking comment.
The court action involves Potter's May 2015 assault of Beattie while he was intoxicated and handcuffed in the back seat of an RCMP vehicle.
Potter pleaded guilty to the assault in August 2015. In April 2016, he was given a conditional discharge with nine months' probation and 40 hours of community service.
According to court documents, Beattie was arrested for allegedly breaching a probation order by consuming or possessing alcohol outside of his residence.
While he was transporting Beattie to Whitehorse, the suit says, "Potter put the brakes on in a very sudden manner, stopped the car, exited the front seat, and opened the back door where the plaintiff was detained and in handcuffs.
"He then grabbed the plaintiff by the neck and hit the plaintiff's head with force and a closed fist multiple times while telling the plaintiff that he was going to kill him."
The recorded assault lasted about 38 seconds.
The officers alleged that prior to the assault, Beattie threatened Potter and his family.
However, that could not be confirmed by the recording due to poor audio quality. Beattie denies the allegations.
According to the suit, following the assault, the officers turned off the audio portion of the in-car video system, which is contrary to RCMP policy.
It also alleges that officers created written reports that misrepresented what happened.
In addition to breach of probation, Beattie was charged with uttering threats to cause bodily harm to Rouleau, Potter and Potter's wife, resisting arrest by Rouleau, and being assaultive to correctional officers at the processing unit.
The three additional charges were withdrawn by the Crown in June 2015.
As a result of the assault, the suit claims, Beattie sustained an injury to his eye and head and suffered from depression and anxiety.
It also says Beattie "has suffered and continues to suffer from humiliation, loss of self-esteem, a loss of enjoyment of life, physical pain and emotional suffering, and a loss of earnings past and prospective."
While Rouleau told Potter to stop during the assault, the suit says, he did nothing further to protect Beattie.
During sentencing for the assault conviction, Potter's lawyer described the incident as a moment of anger and rage that had built up over time.
The court heard about the challenges of policing small communities in Yukon.
It also heard the RCMP was aware of the officers' safety concerns and allowed both Potter and Rouleau to bring their service weapons home and paid for video surveillance of their residences. The force also paid for a fence for Potter's home. (Whitehorse Star)
This content appears as provided to The Globe by the originating wire service. It has not been edited by Globe staff.