Edmonton police officers testify at trial for constable accused of excessive force

A jury is hearing from Edmonton police officers who were at the scene of a 2021 arrest that led to Const. Oli Olason being charged with assault.

Olason is accused of excessive force in the arrest of 43-year-old Lee Van Beaver after police confronted him in the Ritchie Market area just after midnight on March 23, 2021.

The Crown told the jury this week that Olason kicked, stomped and stood on Beaver's head, and the force he used wasn't reasonable. The officer has pleaded not guilty.

Beaver testified at the trial on Monday, saying that he displayed a can of bear spray to "ward off" whoever was in a dark vehicle that he said passed him several times, making him nervous that he was about to be jumped or robbed.

He said he didn't know it was actually an unmarked police vehicle, with Olason and his partner, Const. Dan Fedechko, inside. Both were members of the Edmonton Police Service tactical unit at the time.

The jury watched security footage of the arrest in an alley several times this week as witnesses, including Fedechko, gave evidence.

Fedechko testified that he and Olason stopped to arrest Beaver after seeing him point the bear spray toward their vehicle as they drove by.

Security footage shows the two officers coming toward Beaver in an alley next to Transcend Coffee on 76th Avenue, with red and blue police lights flashing behind them.

The jury heard that a third officer, Sgt. Jake Ludvig, is behind them in the video, holding an Arwen rubber bullet launcher. He testified that he and his EPS partner, Sgt. Dustin Adsett, were nearby when they heard a radio call about a man pointing a canister of bear spray, so they went to help.

Fedechko identified himself in court as the officer in the video approaching Beaver with his gun drawn. He testified that he took it out because of the potential danger of a weapon like bear spray, which can be used from a distance.

Fedechko said he thought Beaver would run, but Beaver followed his instructions to stop and get on the ground, moving to his hands and knees.

The jury heard that when the officer reached Beaver, he put his foot on his back and pushed him flat, then put his gun back in the holster. He told the court that as he crouched over Beaver and pulled one of his arms behind his back to handcuff him, Olason was still on his feet.

"I wasn't sure what he was doing. As I'm crouched down … in my periphery I can see Const. Olason's knees and hip area," Fedechko said.

"I was confused. I wasn't sure why he wasn't kneeling beside me helping me scoop this man's arm up to put them in handcuffs."