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swordtail
Anarchist Prime
Thu Dec 04 15:10:58
Exclusive
Edmonton police officer Mike Wasylyshen promoted despite criminal record

Critics say promotion sends wrong message

By Charles Rusnell, Jennie Russell, CBC News Posted: Dec 04, 2014 6:00 AM MT| Last Updated: Dec 04, 2014 10:22 AM MT

The Edmonton Police Service recently promoted officer Mike Wasylyshen to sergeant despite a criminal record for the drunken, off-duty assault of a man on crutches and a disciplinary suspension for Tasering a passed-out native youth.

I am a little bit on the dumbfounded side that he was promoted, but (also) that he is still a police officer,” criminologist Keith Spencer said. “Because when you really catalogue his behaviour, it is totally overwhelmingly negative.”

Neither Wasylyshen nor his lawyer responded to interview requests.

Wasylyshen is the son of former Edmonton police chief Bob Wasylyshen.

Court records show that at about 2:30 a.m. on Dec. 18, 2005, a “heavily intoxicated” Wasylyshen, who was off duty that night, launched an unprovoked attack on Devin Stacey, who was on crutches following knee surgery, as Stacey attempted to hail a cab on Whyte Avenue.

Wasylyshen later punched a security guard from a nearby corner store who intervened in the melee and repeatedly threatened to kill Stacey and the security guard.

Both Stacey and the security guard independently told CBC News that Wasylyshen said he could find them and would burn down their houses with their families inside.

Wasylyshen pleaded guilty to two counts of assault in April 2009. A charge of uttering threats was dropped by the Crown.

His lawyer read reference letters into the court record that said he had turned his life around by quitting drinking and become an asset to the police service with a gift for leadership.

A judge fined him $500 and refused a defence request for a suspended record, leaving Wasylyshen with a criminal record.

Accountability concerns

In January 2013, CBC News obtained an internal EPS professionalism report. It revealed EPS members generally had concerns about accountability.

"The majority of the membership believe in stricter discipline and are disappointed that those who break the rules repeatedly are rarely dealt with appropriately," the report states. "They are asking for appropriate, consistent, and timely discipline."

Tom Engel of the Criminal Trial Lawyers’ Association believes Wasylyshen’s promotion is a “shining example” of the concerns expressed by EPS officers about lack of accountability.

“I think that this will not go over well within the rank and file of the Edmonton Police Service,” Engel said. “It sends a message that you can commit all sorts of serious misconduct and it is not going to stand in your way of being promoted.”

Spencer pointed out that the EPS would not accept any recruit who has a criminal record. And he said many other services would fire an officer with a criminal record for assault.

He said Wasylyshen’s promotion doesn’t just send a negative message to the public; it is also “a real slap in the face for people who are committed to good policing and good relationships with the public.”

But in an emailed statement, the EPS insisted, “all EPS officers are held accountable for their conduct, and the matters involving (Wasylyshen) have been dealt with previously under the Police Act and are on record as being resolved.

“These matters were also considered as part of the promotion process,” the statement said. “The EPS promotion process involves an in-depth assessment, and includes a written exam, behavioural interview, as well a review by the management team/promotion board and EPS Professional Standards.”

The statement said Wasylyshen, and other officers, “went through a fair and balanced process, demonstrated their competencies, and proved themselves ready for promotion.”

Tasered passed-out teen

On Nov. 5, 2012, the presiding officer in an internal disciplinary hearing suspended Wasylyshen for 120 hours without pay for insubordination and using excessive force.

A decade earlier, Wasylyshen had Tasered 16-year-old Randy Fryingpan eight times in 68 seconds while the native teen was passed out drunk in a car.

The aboriginal community in Edmonton was outraged because Wasylyshen was neither criminally charged nor, initially, internally disciplined. The EPS only filed internal disciplinary charges against him after the Law Enforcement Review Board ordered it to.

A judge in 2005 had previously ruled Wasylyshen used excessive force in the criminal case against the native teenager. The judge called the Tasering “cruel and unusual punishment” that amounted to a breach of the teen’s charter rights.

The presiding officer in Wasylyshen’s internal disciplinary hearing said he wasn’t convinced the officer was either remorseful or accepted his decision, and he called Wasylyshen’s use of excessive force “offensive” and an “embarrassment to policing.”

But he also said Wasylyshen had matured over the past decade and had made attempts to rehabilitate himself.

Lewis Cardinal is co-chair of the Aboriginal Commission on Human Rights and Justice, which advocates for aboriginal people in Alberta.

He said the police service’s handling of the Tasering of Fryingpan seriously strained relations between the police and the aboriginal community. And he said Wasylyshen’s promotion will further undermine trust.

“This kind of behaviour has to be stopped from the top down,” he said. “However, if you reward by moving people up with this kind of history, you are then sending a totally different message to the community.”

Wilfully deceived

In 2003, a provincial court judge found Wasylyshen wilfully deceived a justice of the peace to obtain a search warrant and ruled the drugs seized were inadmissible.

Engel said Wasylyshen’s criminal record for assault, his use of excessive force in the Fryingpan case and his wilful deception of a justice of the peace will almost certainly be raised by defence lawyers in future cases.

“Why would they want to put a police officer in a position like that in a gang and drug unit? It is just setting him up, setting up the Crown, for having a witness who is going to be discredited.”

http://www...pite-criminal-record-1.2859907


Cthulhu
Tentacle Rapist
Thu Dec 04 15:13:24
If the record is more than 2 years old its no longer relevant. Ive met ex-cons that became cops.
Rugian
Member
Thu Dec 04 15:13:45
The time to deal with it was in 2005. A decade's passed now, and that's a long time in the life of an average adult. If he's found capable of the job now, then so be it.
Hot Rod
Revved Up
Thu Dec 04 15:24:05

A better question is why did they allow him to stay on the force back then.

Hot Rod
Revved Up
Thu Dec 04 15:24:33

A better question is why did they allow him to stay on the force back then.

Hot Rod
Revved Up
Thu Dec 04 15:25:15

Oops, sorry.

Cthulhu
Tentacle Rapist
Thu Dec 04 15:36:58
they dont say how bad the assualt on the guy on crutches was. I can pretty much promise you no one with the Edmonton police service cares about the native youth that was tased. 90%+ chance that the guy was a severe addict that made a habit of hassling people and passing out in very public places. They pull that shit constantly here in Calgary too. Once the same indian gets picked up for the 10th time that week for commiting vagrancy in the exact same spot, they take him for a drive and beat him, since putting him the tank isnt working. Im not passing judgement either way, just saying thats how it works with natives in Alberta. A good amount of that is in response to the reserves passing laws declaring them to be dry. The drunk indian isnt allowed to go home and the reserve makes their problem our probblem. This after we have faithfully made the lease payment on Canada for a century or more.
Cthulhu
Tentacle Rapist
Thu Dec 04 15:39:13
Ok, upon reading it, im not surprised that the first assualt wasnt considered that serious. He punched a security guard, and made some drunken threats. If he wasnt a cop, he would have been given a fine and sent home.
pillz
Member
Thu Dec 04 15:42:23
"Court records show that at about 2:30 a.m. on Dec. 18, 2005, a “heavily intoxicated” Wasylyshen, who was off duty that night, launched an unprovoked attack on Devin Stacey, who was on crutches following knee surgery, as Stacey attempted to hail a cab on Whyte Avenue.

Wasylyshen later punched a security guard from a nearby corner store who intervened in the melee and repeatedly threatened to kill Stacey and the security guard.

Both Stacey and the security guard independently told CBC News that Wasylyshen said he could find them and would burn down their houses with their families inside.

Wasylyshen pleaded guilty to two counts of assault in April 2009. A charge of uttering threats was dropped by the Crown.

His lawyer read reference letters into the court record that said he had turned his life around by quitting drinking and become an asset to the police service with a gift for leadership.

A judge fined him $500 and refused a defence request for a suspended record, leaving Wasylyshen with a criminal record. "

A normal person would have gotten ~6 months to a year jail time and lose their job. On a bare minimum.

swordtail
Anarchist Prime
Thu Dec 04 15:42:29
==According to the document, Wasylyshen started yelling at Stacey, using "foul and inappropriate language," and called him "a cripple."

When Stacey started yelling back, Wasylyshen crossed the street and punched Stacey on the left ear.

Wasylyshen's friends tried to pull him away, but he broke away and continued punching Stacey. Stacey's friends threw Wasylyshen to the ground and punched him several times.

When two loss-prevention officers from a nearby 7-11 store tried to break up the fight, Wasylyshen threatened one and punched the other, document said.==
pillz
Member
Thu Dec 04 15:44:00
Beating a cripple and assaulting security guard is gonna get you a lot more than a warning cthulhu.
Cthulhu
Tentacle Rapist
Thu Dec 04 15:58:45
'normal person would have gotten ~6 months to a year jail time and lose their job. On a bare minimum. '

How much time have you spent in alberta Pillz? I know Calgary cops routinely deal with assualt by simply locking the assualter in the back of the cruiser for a couple hours. then they let him go. I know that he should get a lot more than a warning, but it doesnt surprise me. Out west, its most about who exactly you assualted then the severity of the assualt it self. it says he was drunk, if it happened near or on whyte avenue, I cpould see EPS blaming the cripple for being there. The guard would be easily bribed, if he even care enough to press charges.
Cthulhu
Tentacle Rapist
Thu Dec 04 16:00:01
Essentially what I am saying is that Alberta is just as much of a shithole now as it always was, if not more so. The boom hardly made it a nicer place.
Cthulhu
Tentacle Rapist
Thu Dec 04 16:26:20
'Beating a cripple and assaulting security guard is gonna get you a lot more than a warning cthulhu.'


IMO random attacks like that should have stiff sentences, but they dont.


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