Vancouver police officer guilty of assault with weapon in arrest of Black man stopped for jaywalking

A Vancouver police officer has been found guilty of assault for Tasering a Black man after he wasstopped andarrested for jaywalking in the city's downtown core nearly five years ago.

Const. Jarrod Sidhu was convicted of assault with a weaponin Vancouver Provincial Court on Monday. Court heard Sidhu used his Taser three times on Jamiel Moore-Williamswhile he was surrounded by five other police officers on Granville Street in 2018.

"I reject ... that Mr. Moore-Williams posed a risk of imminent bodily harm to anyone. I reject that no lesser use of force was available to address any risk," Judge Emmet Duncan told the court as Sidhusat in a dark suit next to his lawyer.

"I do not accept the Taser wasproportionate [or] necessary."

Sidhu was one of two officers charged after Moore-Williams was stoppedfor stepping into the street in front of a police cruiser. Moore-Williams, who has an ongoing civil suit, haslong maintained the officerstargeted him because of his race.

"I think years ago, this type of decision would've been less likely to occur. I think there is a trend now for us to see things differently," said Donna Turko, Moore-Williams' civil lawyer.

A spokesperson for the police department on Monday could not immediately confirm whether Sidhu will remain on duty.

"A Police Act investigation will be resuming, as it was suspended during the criminal trial. As such, it would be inappropriate to provide any other details," the spokesperson said in an email.

Judge relied heavily on testimony, Snapchat evidence

On Monday, court heardMoore-Williams hesitated to provide identificationafter police stopped him for stepping into the road.

The judge found he did so because he had"legitimate questions" as to why he needed to show his ID, "particularly given past experiences with police."

"[His]behaviour on the corner was respectful, non-threatening, focused, but firm," Duncan said.

Court heard police thought Moore-Williams was hesitating because he was hiding something criminal.

"I conclude that [officer] Sidhu believed that Mr. Moore-Williamswas obstructing his attempt to obtain ID, though I have concerns about the hastiness of this decision," said Duncan, who relied heavily on witness testimony and several Snapchat videos in making his decision.

The judge ultimatelyfound the arrest for obstruction was legal but saidthe situation escalated afterward.

WATCH |Jamiel Moore-Williams is arrested in downtown Vancouver in February 2018:

Jaywalking Arrest Feb. 18, 2018

4 years ago

Duration 1:14

Cellphone video shows Jamiel Moore-Williams being physically detained by police, after he allegedly jaywalked in the Granville Entertainment District.

Police took Moore-Williams to the groundby grabbing his arms and legs. At least three officers kicked, kneed and hit Moore-Williams while he was on the ground.

Sidhu used his Taser three times in less than two minutes. The judge said Moore-Williams was lying flat on his back on the ground, "virtually motionless," by the second shock.

Moore-Williams has maintained he was reaching for his ID when officers took him down.

In explaining his decision to use the Taser, Sidhu told the court Moore-Williams had put him in a headlock while resisting arrest, and the officerfeared he was being choked. The judge found Sidhuwas a relatively inexperienced officer with less than two yearsof experiencewho believedMoore-Williams a formerdefensive lineman for theUniversity of British Columbia football team was "exceptionally strong."

Still, the judge said Sidhu was wrong to use the Taser multiple times.

"I find Const.Sidhu's decision to deploy his [Taser] was not proportionate to the threat Mr. Moore Williams would've posed surrounded by five police officers," he said.

"Using the [Taser]to gain compliance was not necessary."

Officers later wrote Moore-Williams aticket for jaywalking and obstruction. Crown later stayed those charges.

Sidhu and his colleague, Const. Jagpreet Ghuman, were both criminally charged on Dec. 8, 2020, after an RCMP investigation.

The charge against Ghuman wasstayed last July.

For more stories about the experiences of Black Canadians from anti-Black racism to success stories within the Black community check out Being Black in Canada, a CBC project Black Canadians can be proud of. You can read more stories here.