Man alleges attack in his own home
Herve Dubois remembers confronting three police officers in his kitchen after they entered his home one December evening to arrest his troubled nephew.
The 47-year-old electrician can’t recall many of the details from that encounter, however, but knows it ended with him suffering a broken rib and being pepper sprayed.
Three Edmonton police officers — Staff Sgt. Jamie Ewatski, 48, Det. Terry Briscoe, 50, and Staff Sgt. Giovanni Fiorilli, 48 — are now on trial, facing assault charges in connection with the 2004 incident.
Dubois testified yesterday that he had been roughed up by one of the officers as they removed his nephew, Kevin Light, who was wanted on more than a dozen warrants.
Before the officers arrived unannounced, Dubois had consumed at least seven cans of beer over a two-hour period, he said, claiming the police to take advantage of his drunkenness.
His nephew didn’t believe they had the authority to arrest him, however, so Dubois dialed 911 to lodge a complaint.
"I got hostile f-----g cops at my door, man. They’re beating the s--- out of us!" he screamed in a call to the
911 operator, which was played to court as evidence.
He chuckled on the stand when he heard the audio recording yesterday, but he disputed a suggestion by defence lawyer Laura Stevens that it revealed he was completely uncontrollable.
"I wasn’t out of control," he said. "I was trying to get attention."
He then pushed one of the officers in the chest, he said, and they responded by attacking him, throwing handcuffs around his wrists and using pepper spray.
Whether the officers had the legal right to be there is a key aspect of the case, said Crown prosecutor Johathan Hak. Court documents reveal that an unidentified female tipped off police to Light’s whereabouts earlier that evening. The trial is expected to last until March 17.