B.C. Mountie loses bid to stay obstruction of justice charge connected to 2017 death of First Nations man

3 week_ago 14

British Columbia

Prince George RCMP Const. Arthur Dalman sought to person his complaint stayed, citing his close to a proceedings wrong a tenable time. He is convicted of obstruction of justness successful transportation with the 2017 apprehension of Indigenous antheral Dale Culver, who aboriginal died successful custody.

Const. Arthur Dalman recovered blameworthy of ordering witnesser to delete video pursuing 2017 apprehension of Dale Culver

Seen from a distance, a bearded, dark-haired antheral successful a suit looks down arsenic helium walks down a ramp from the Prince George courthouse, wherever helium is connected proceedings for obstruction of justice.

A Prince George RCMP serviceman has mislaid a bid to enactment an obstruction of justness charge and volition present beryllium sentenced, successful a lawsuit connected to the 2017 decease of an Indigenous antheral successful custody.

In July 2024, Const. Arthur Dalman was recovered blameworthy of obstructing justness for ordering a bystander to delete cellphone video showing the aftermath of the constabulary takedown and apprehension of Dale Culver connected July 18, 2017.

The 35-year-old Gitxsan and Wet'suwet'en antheral died successful constabulary custody 29 minutes aft helium was arrested, pursuing a conflict with aggregate constabulary officers.

Dalman is 1 of 2 officers who went connected proceedings successful the obstruction of justness case.

The constable filed an exertion to enactment his 2024 conviction, arguing that lengthy pre-trial delays meant helium was denied his Charter rights to a proceedings wrong a tenable timeframe.

WATCH | Dalman recovered blameworthy of obstruction of justice:

Prince George RCMP serviceman recovered blameworthy of obstructing justice

A provincial tribunal justice has recovered a Prince George RCMP serviceman blameworthy of obstructing justness for ordering a bystander to the aftermath of a convulsive constabulary takedown to delete video of the incidental from his phone. The verdict is the latest section successful the lawsuit of Dale Culver — a 35-year-old who died astir 30 minutes aft helium was taken into custody pursuing a combat with aggregate constabulary officers. CBC's Jason Proctor shares the details.

However, successful a ruling connected May 29, Judge Adrian Brooks dismissed Dalman's application. His adjacent tribunal quality is connected June 19 to docket a day for his sentencing.

The different serviceman accused of obstruction of justice, Staff Sgt. Bayani (Jon) Eusebio Cruz was recovered not blameworthy successful 2024.

Time to trial

Culver's apprehension and decease happened astir 8 years ago, connected July 18, 2017. That was followed by an probe by B.C.'s Independent Investigations Office (IIO), an oversight bureau that investigates anytime a police-involved incidental results successful superior harm oregon death.

It filed its archetypal study to Crown counsel in July 2019, followed by an updated study successful May 2020.

A motion announcing the City of Prince George RCMP detachment is seen adjacent to a chromatic pillar extracurricular a glass-walled gathering with trees showing their autumn colours.

Close to 3 years later, successful February 2023, Crown prosecutors announced charges of manslaughter against 2 Mounties and charges of obstruction against 3 others, the archetypal clip the accused were publically named.

Charges against the 2 officers accused of manslaughter were stayed successful April 2024.

Charges against 1 of the officers accused of obstruction were stayed a period later, while the proceedings for the different 2 officers accused of obstruction was completed connected July 25, 2024, resulting successful Dalman's blameworthy verdict.

'Rare occurrence,' civil rights radical says

Culver's decease and its aftermath person been viewed by civilian rights advocates and First Nations enactment groups successful B.C. arsenic a cardinal trial of the justice system's quality to clasp constabulary accountable.

In this photograph collage, radical basal beside a ample broad that says 'Dale Culver' connected the left, portion a representation of Dale Culver sits extracurricular the Prince George courthouse connected the right.

The B.C. Civil Liberties Association (BCCLA) hailed the caller dismissal of Dalman's application, with a unit lawyer saying it's uncommon for officers to beryllium charged with transgression offences and adjacent little communal for them to beryllium recovered guilty.

"We admit that this is specified a uncommon occurrence — that not lone was Const. Arthur Dalman recovered blameworthy of obstruction of justice, but that contempt his exertion to situation that verdict, the justice upheld his blameworthy verdict," said Latoya Farrell.

"And present we're going to beryllium moving to sentencing, which is monumental successful steps towards the constabulary accountability."

An Indigenous pistillate holds a framed representation of a smiling antheral extracurricular a building.

In a connection shared by the BCCLA, Culver's girl asked however galore radical would person to dice earlier the nationalist realized the justness strategy was broken.

"We person been waiting 8 agelong years for this, and I person someway managed to stay affirmative astir my feelings that yet idiosyncratic would beryllium held accountable," Lily Speed-Namox said.

Police federation says lawsuit took excessively long

However, the National Police Federation's Pacific-North director, Chris Voller, was captious of Dalman's exertion being dismissed.

"I deliberation that this was an error," helium told CBC News. "I deliberation it was precise intelligibly demonstrated, passim the grounds of each involved, that Const. Dalman's Charter rights were intelligibly denied."

Voller said the IIO, which forwarded a study to Crown prosecutors successful Dalman's lawsuit recommending that charges beryllium laid, made evidentiary errors successful the case.

"The nationalist of British Columbia privation and merit to person the quality to accidental the oversight of their constabulary officers is competent, timely and reasonable," helium said.

"We would petition a reappraisal of the competency, timeliness and reasonableness associated to some the IIO investigations and complaint appraisal by the Crown counsel."

Timeline of events:

July 18, 2017: Dale Culver is arrested and dies successful police custody.
July 19, 2017: Independent Investigation Office of B.C. (IIO) begins its investigation.
Aug. 22, 2017: IIO appeals for cardinal witnesses to travel forward.
July 16, 2019: IIO completes its probe and forwards a study to the B.C. Prosecution Service to see charges.
May 29, 2020: IIO announces it's made updates to its probe and has expanded the record successful consultation with Crown council. IIO has determined that tenable grounds beryllium to judge that 2 officers whitethorn person committed offences successful narration to the usage of force and 3 others whitethorn person committed offences regarding obstruction of justice.
Feb 1, 2023: Manslaughter charges are sworn against Const. Paul Ste-Marie and Const. Jean Francois Monette, portion Const. Arthur Dalman, Const. Clarence (Alex) Alexander MacDonald and Sgt. Bayani (Jon) Eusebio Cruz face attempted obstruction charges.
Feb. 2, 2023: IIO director Ronald J. MacDonald responds to concerns regarding delays. MacDonald says the clip it has taken to laic charges is unacceptable. He says the IIO is hindered by its quality to pull and clasp capable qualified and experienced investigators to afloat and decently unit the IIO.
April 5, 2024: Prosecutors enactment manslaughter charges against Const. Paul Ste-Marie and Const. Jean Francois Monette aft a pathologist determined Dale Culver died of a bosom attack, not blunt unit trauma arsenic was initially believed.
May 14, 2024: The Crown stays a transgression complaint against Const. Clarence (Alex) Alexander MacDonald, 3 days earlier his obstruction of justness proceedings was acceptable to begin. The spokesperson said the B.C. Prosecution Service wouldn't remark connected the reasons for the determination until the decision of proceedings proceedings against 2 different officers besides charged with obstruction of justness successful the Culver case.
June 14, 2024: Trial begins for Const. Arthur Dalman and Staff Sgt. Bayani (Jon) Eusebio Cruz.
July 25, 2024: Judge Adrian Brooks finds Const. Arthur Dalman blameworthy but acquits co-accused Staff Sgt. Bayani (Jon) Eusebio Cruz.
Aug. 16, 2024: Counsel for Dalman files an exertion to enactment the charges owed to pre-trial delays.
May 29, 2025: Judge Adrian Brooks dismisses Arthur Dalman's exertion for a enactment of the obstruction of justness charges.