Calgary officer on trial for assault while arresting Hells Angel who was threatening to kill him

The assault trial has begun for aCalgary police officer accused of excessive force during the 2008 arrest of a member of the Hells Angels.

Const. Brant Derrick was charged in January with assault causing bodily harm, as wasCalgary Police Association presidentLesKaminski.

Kaminski'sassault charge was withdrawn and he faces a trial for perjury stemming from the same incident.

In August 2008, Derrick was conducting a traffic stop when he ended up arresting Jason Arkinstall, a member of the Hells Angels. Arkinstall became angry, cursing at the officers and even threatening them.

"I'm going to f--king kill you, you piece of shit," Arkinstallyelled as he was being arrested.

• Calgary Police Association president Les Kaminski charged with perjury and assault

Derrick was on patrol in downtown Calgary on Aug. 31, 2008, when he witnessed an illegal turn.

During the traffic stop, Derrick ran Arkinstall's name and learned he was facing a criminal charge in British Columbia and was on release conditions at the time. The conditions stipulated that he not be allowed to leave the province or drink alcohol.

Derrick didn't realize that the charge had been withdrawn and the conditions were no longer imposed, so he placed Arkinstall under arrest.

Arkinstall, who was wearing a Hells Angels T-shirt and pendant at the time, became rude and angry.

"This is f--king bullshit, f--k off."

Video played at trial

Derrick called for backup, and three other officers responded, including Kaminski.

At first, Arkinstall and Scott Smitna who'd been driving locked the doors and refused to get out. Eventually they complied.

Once he was cuffed, Arkinstall who was still swearing and threatening the officers was brought to the police van by Derrick.

"The accused used force against Mr. Arkinstall at the back of the van; the charge before the court relates to the use of force at that location," according to the agreed statement of facts.

The video, which was played at the trial on Tuesday, shows Derrick forcefully shoving Arkinstall into the back of the van and then slamming a cage door on his legs two or three times.

Judge rejects officers' testimony

In 2007, the Calgary Police Service implemented a use-of-force policy that was in effect at the time, but neither Derrick nor Kaminski submitted a use-of-force report in relation to the traffic stop.

Arkinstall was charged with obstruction of a peace officer, assault of a peace officer to resist arrest and uttering threats.

At the beginning of Arkinstall's trial, the Crown withdrew the obstruction and assault charges. Arkinstall was acquitted of uttering threats on Jan.14, 2011.

Provincial Court Judge Terry Semenukrejected the evidenceof Derrick and Kaminski, who had testified at the trial. He found the officers were not credible.

Semenukwrote thatKaminski wavered in his evidence under cross-examination andhadn't take proper notes. The judge also wrote thatvideo taken by bystanders which was played at Derrick's trial on Tuesday contradicted the officer's testimony.

Arkinstallto testify Wednesday

Arkinstall'slawyer made a complaint against Derrick on behalf ofthe Hells Angelon Aug. 20, 2013.

Calgary police conducted a review afterArkinstall'strialbut determined an investigation was not required, which they've since called a "mistake."

The Alberta Serious Incident Response Team (ASIRT)gains jurisdiction over a case once a chief of police notifies Alberta's director of law enforcement of a complaint or allegation relating to the conduct of a police officer.

CPS made that notification on Jan. 21, 2014, and ASIRT was directed to investigate on Feb. 5, 2014.

The charges were further delayed because ASIRT had trouble obtaining a copy of the video.

Arkinstall and Smitna were convicted of smuggling 300 kilograms of cocaine in Spain in May 2015, which also complicated the matter.

They were sentenced to four years, seven months in prison, but after paying an $8-million fine, the pair were expelled and banned from the country for seven years. Arkinstall returned to Canada in July 2015.

Kaminski was elected president of the police union in November 2016.

Arkinstallis expected to testify Wednesday along with Kaminski.

Edmonton Crown counsel Jarrod Hone is prosecuting the case because the accused is a Calgary police officer. For that reason, provincial court Judge JoshuaHawkes, who was appointed in May, is presiding over the case.

Derrick is represented by senior defence lawyer Don MacLeod.