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THUNDER BAY — The Crown and defence had very different interpretations of a 20-second body-worn camera video showing a Thunder Bay Police Service officer punching a man in the face, focusing largely on whether or not the 33-year-old man exhibited signs of aggression toward the officer.
Crown attorney Vlatko Karadzic called only the one witness to testify and submitted video surveillance and body-worn camera footage as evidence. Following the altercation, Frankow is heard saying: “you picked the wrong person to fight today,” and later to paramedics: “I punched him squarely in the face. He stepped back and squared off and I drilled him before he could hit me.”
Karadzic went on to argue that it was Frankow who escalated the situation first by grabbing the wine from the man’s pocket and then proceeding to dump it out in front of him. “That is so far outside the range of responses, so unreasonable, that it takes it out of the realm of any justifiable use of force,” he said. “You could have pinned his arm again, gained distance, pushed him back, you could have done a litany of things that did not involve throwing that overhand right that involved grabbing him by the coat and pulling him toward you.”
The video recording of the actual punch also raises some questions, according to Foord, including whether or not the man was acting aggressively toward Frankow.“You are not able to see what, if anything, [the victim] is doing with his right hand or how it’s configured or if it is in a fist or not,” he said.
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