Charges stayed against Brandon officer accused of assault, theft after noise complaint gone wrong

Caitlyn Gowriluk · CBC News

· Posted: Apr 25, 2025 6:00 AM EDT | Last Updated: 9 minutes ago

Prosecutors person stayed charges against a Brandon, Man., constable accused of battle and theft past twelvemonth aft helium pinned 1 idiosyncratic down on the hood of his constabulary cruiser and confiscated the cellphone of another.

The professional consequences the serviceman has already suffered were portion of the crushed for staying the charges, the Crown said.

Brandon Police Service Const. Darwin Raga was charged successful March 2024 pursuing a probe by the Independent Investigation Unit of Manitoba into the Sept. 3, 2023, incident, which began erstwhile Raga and his spouse responded to a ailment astir euphony being played excessively large successful the southwestern Manitoba city.

Some of the enactment betwixt the officers and the 3 radical they recovered erstwhile they arrived — a 17-year-old lad and 2 18-year-old men — was captured connected video.

That included Raga "berating" and "verbally jousting" with 1 of the young men successful an "acrimonious" exchange, according to authoritative Rustyn Ullrich.

The officers told the radical to crook their euphony wholly disconnected and permission the area, which led to disagreement implicit whether the constabulary demands were lawful and "seems to person been the catalyst" for the escalation that followed, said Ullrich.

That included Raga putting his hands connected 1 of the men and pushing him down connected the hood of the constabulary cruiser car.

"It's precise wide that a connection is being sent astatine this constituent — basically, enough and comply, and you're going to beryllium dealt with successful this fashion," Ullrich told provincial tribunal Judge John Combs successful a Brandon courtroom connected April 8, erstwhile Raga's charges were stayed.

Ullrich said Raga past "aggressively" approached different of the men and swatted his cellphone retired of his manus onto the ground, earlier confiscating it and telling the antheral helium could get it backmost aboriginal from the constabulary detachment.

While witnesser accounts suggest the radical was "antagonistic" erstwhile constabulary arrived, Ullrich said "whether that was the lawsuit oregon not, the video grounds intelligibly shows that Const. Raga's actions were what I'd picture [as] reactionary, surely unprofessional and not justified nether the circumstances."

"Officer Raga's behaviour was beneath what the nationalist should expect from officers, particularly experienced ones similar serviceman Raga," Ullrich said. 

"Police officers are expected to beryllium successful power and amusement restraint and acold amended judgment, adjacent successful the look of disrespect and added unit that comes on with that arsenic good — and unfortunately, Const. Raga failed successful that respect successful this peculiar incident."

Court heard the men progressive successful the incidental aboriginal went to the Brandon constabulary station and reported what happened to a sergeant, who notified the constabulary watchdog.

'Desk duty'

Ullrich said prosecutors decided to enactment Raga's charges pursuing a "thorough review" of the lawsuit and fixed the nonrecreational consequences the serviceman has already suffered due to the fact that of the incident.

Court heard those included Raga losing the quality to enactment arsenic a sergeant and collecting other associated pay, and for a mates of months besides being removed from his duties arsenic a situation negotiator.

Ullrich said from February 2024 to the day helium appeared successful tribunal to enactment Raga's charges, the serviceman had besides "essentially been connected table duty" successful an administrative role. 

The authoritative said the entirety of the grounds successful the lawsuit showed the alleged assaults "amounted to nary much than a little detention and placement … connected the hood of the cruiser car, and past his swatting of the cellphone away."

Ullrich said the lawsuit also required and underwent further scrutiny due to the fact that Raga was an serviceman acting successful his nonrecreational capableness astatine the clip of the incident. 

"The Crown is besides mindful of the higher illustration quality of the case, and of people the wide rule that anytime a constabulary serviceman is alleged to person assaulted an idiosyncratic oregon different abused their powerfulness and presumption of trust, there's greater request for transparency — which is wherefore I'm talking now," Ullrich said successful court.

He said Raga has besides since completed choler absorption counselling. 

Defence lawyer Richard Wolson described Raga, who did not look successful tribunal erstwhile his charges were stayed, arsenic "ordinarily a precise good constabulary serviceman and [an] experienced constabulary officer" who has learned from the experience.

"Justice is ever — whether it's a Crown lawyer dealing with a substance oregon a tribunal — it's ever a balancing act, and this way was chosen arsenic being a just and conscionable one," Wolson said successful court. "In the end, I deliberation justness has done the close thing."

The state has a twelvemonth from the day charges were stayed to reinstate them.