Former Edmonton police officer found not guilty of assault in arrest caught on video

Madeline Smith · CBC News

· Posted: May 09, 2025 6:37 PM EDT | Last Updated: 3 minutes ago

A assemblage has recovered erstwhile Edmonton constabulary serviceman Oli Olason not blameworthy of battle successful a 2021 apprehension wherever helium was seen connected video with his footwear connected a man's head.

After proceeding 4 days of witnesses, including Olason testifying successful his ain defence, the assemblage entered deliberations Friday day and returned with a verdict astir 2 hours later.

Olason enactment his caput successful his hands and started to outcry arsenic the verdict was announced. After Court of King's Bench Justice Eric Macklin told him helium was escaped to go, helium stood up and hugged supporters watching successful the gallery.

The erstwhile serviceman near the Edmonton Police Service successful 2021. He told the assemblage this week that helium has since moved backmost to Iceland, the state wherever helium was born, and nary longer works successful instrumentality enforcement.

WATCH | Video of apprehension shown astatine proceedings of erstwhile EPS officer:

Olason was charged aft an Alberta Serious Incident Response Team probe of the arrest of 43-year-old Lee Van Beaver soon aft midnight connected March 23, 2021.

He and his then-EPS spouse Const. Dan Fedechko pursued Beaver into a Ritchie Market alley due to the fact that they'd seen him pointing a canister of carnivore spray astatine their unmarked constabulary vehicle, and they intended to apprehension him for possession of a unsafe weapon.

Beaver, who is Indigenous, testified that helium was surviving connected the streets and dealing with cause addiction astatine the time, and helium carried the carnivore spray for protection.

He said helium held the canister by his side, displaying it to the passing unmarked EPS vehicle, not knowing constabulary were inside, due to the fact that he'd been robbed by radical wielding machetes successful the aforesaid country years before.

Beaver thought helium needed to ward disconnected "robbers, jackers oregon gangsters" that helium feared could beryllium pursuing him.

Beaver was complying with police, Crown argues

Crown authoritative Michelle Kai told the assemblage earlier they near to see their determination Friday that the video grounds shows Olason stepping on, stomping and kicking Beaver's head, constituting an unreasonable usage of force.

Olason testified that helium enactment his footwear connected Beaver's precocious backmost and it "slid" onto his caput due to the fact that Beaver was resisting. The erstwhile constable denied that helium stomped Beaver, and said the footwear was a "distractionary technique" to unit the antheral to amusement his hands, fearing that helium was deploying the carnivore spray, which was inactive successful his pocket.

Beaver told the tribunal helium was complying with constabulary instructions to get connected the ground. The apprehension video shows him putting his hands up and lowering himself to his hands and knees. He said helium ne'er tried to scope for the carnivore spray oregon usage it during the arrest.

Kai pointed to a information of the video wherever Fedechko is holding Beaver's close arm. That officer testified during the proceedings that helium was trying to get some Beaver's hands to enactment him successful handcuffs.

Olason was, by then, stepping connected Beaver's near arm, preventing him from surrendering, Kai said.

"It is Mr. Olason's continued exertion of excessive unit connected Mr. Beaver that formed Const. Fedechko's cognition that helium was resisting, that helium had to combat for Mr. Beaver's hand," she said.

Sgt. Dustin Adsett, who arrived successful the mediate of the arrest, besides utilized a Taser connected Beaver due to the fact that Olason's usage of unit led to a cognition that Beaver was resisting, Kai argued.

"In the people of their duties [police] are expected to defuse a situation. They cannot make a concern that makes it intolerable for a taxable to comply and past usage that subject's absorption arsenic justification for usage of force."

Adsett was besides charged with battle with a limb successful the case. He was acquitted past twelvemonth aft a judge-alone trial, with Justice Kent Davidson concluding that while Beaver deserved "more compassion, dignity, respect and empathy" than helium was treated with, Adsett shouldn't beryllium the 1 held liable for what happened.  

The jury heard references to the "Adsett trial" during this week's proceedings, but did not perceive astir its result oregon what Davidson said successful his decision.

Defence lawyer Brian Beresh told the assemblage successful his closing arguments Friday that galore factors amusement Olason's usage of unit was reasonable.

Beresh said the video of the apprehension is "misleading" successful presumption of deciding the case. He told the assemblage that it's missing cardinal accusation that gives rise to tenable doubt, meaning Olason indispensable beryllium acquitted.

The officers knew Beaver had a weapon, and during the arrest, they began to odor the carnivore spray, adding to their cognition of danger, Beresh said.

"This script was not harmless for immoderate officer, for immoderate subordinate of the nationalist until the handcuffs were securely on, whether Mr. Beaver wanted it oregon not," Beresh said.

"I suggest that serviceman Olason did not perpetrate the transgression of battle and helium was acting to support himself, to support you and to support the public. I inquire you to find him not guilty."

He pointed the assemblage to grounds from the EMS paramedic who assessed Beaver minutes aft the arrest. He gave grounds that his lone injuries helium recovered were a chopped connected the wrong of Beaver's articulator and "pinch marks" from the Taser darts connected his back.

"I would person expected immoderate rash connected the broadside of the look if the look came successful interaction with the ceramic oregon immoderate wounded accordant with the proposition of kicking — nothing," Beresh said.