Edmonton police officer fined $2,000 for 2019 assault on Indigenous man

A provincial court judge has fined an Edmonton police officer $2,000 for an assault on an "unsuspecting and unresisting" Indigenous man during an August 2019 arrest captured on video.

Edmonton Police Service (EPS) Const. Michael Partington was convicted of assault earlier this year for what Judge Peter Ayotte described as an "unnecessary and gratuitous" assault on Elliot McLeod.

Witness video of the assault shows McLeod lying face down on the ground while Const. Curtis McCargar holds his arms behind his back.

Partington strides up and, without warning, suddenly drops, driving his knee between McLeod's shoulder blades.

In sentencing Partington Thursday, Ayotte said while the assault on McLeod fortunately did not result in bodily harm, "it resulted in immediate, significant pain to the victim.

"Moreover, the force was applied without warning to a completely unsuspecting and unresisting person who was face down on the ground and, for all intents and purposes, under the control of another police officer," Ayotte said.

During sentencing arguments in October, Crown prosecutor Carla MacPhail pushed for Partington to receive 60 to 90 days in jail followed by probation, stressing the need for a sentence that would deter other officers.

Partington's lawyer, Mike Danyluik, recommended a conditional discharge with 12 to 18 months of probation, and 120 to 180 hours of community service, or a suspended sentence. He characterized the assault as a "one-second impulsive act."

Ayotte summarily dismissed Danyluik's description, saying he has watched the video numerous times and "the word that describes what I saw is not 'impulsive,' but 'deliberate.'"

There were several aggravating factors that indicated a conditional discharge or suspended sentence would not be appropriate, he said, including the broader impact of Partington's actions in the context of interactions between the justice system and Indigenous people.

Danyluik had argued that a criminal record would likely cause Partington to lose his job with the EPS and would negatively affect his future employment prospects. Ayotte concluded that should not be a consideration in sentencing.

However, Ayotte said ultimately, the assault consisted of "one, and only one blow" that caused pain but no bodily harm.

Ayotte said McLeod's victim impact statement, in which he described his fear of authority figures, was more directed at McCargar than Partington, who the judge concluded played a "secondary" role in the entire incident.

Partington has six months to pay the $2,000 fine but can receive more time if needed, provided he is making payments. There will also be a $600 victim surcharge.