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Lawyers question fairness of same-day bail for Calgary cop charged with murder
Lawyers question fairness of same-day bail for Calgary cop charged with murder

CBC

time5 days ago

  • CBC

Lawyers question fairness of same-day bail for Calgary cop charged with murder

Some members of Alberta's legal community are calling into question the treatment of a Calgary police officer charged with murder earlier this week who was able to get released on bail the same day he was charged. "It's very difficult to get before a King's Bench judge on short notice and on the same day is absolutely unheard of," said Paul Moreau, the past president of the Criminal Trial Lawyers Association and a former prosecutor. Const. Craig Stothard, 51, was charged this week with two counts of second-degree murder stemming from a May 29, 2023 shooting. Online video from that day shows a slow-speed chase as police cars followed what investigators allege was a stolen cube van along Memorial Drive. WATCH | Video shared on social media shows police vehicles slowly pursue a white cube van in 2023: Fatal officer-involved shooting in Calgary 2 years ago Video shared on social media by URBA Calgary and Ryan Northcott shows several Calgary police vehicles slowly pursue a white cube van on Memorial Drive, followed by the apparent sound of gunshots. Police say about 45 minutes into the pursuit and after several attempts to stop the vehicle, an officer fired shots into the van. Wesley Davidson and Levon Boyce Fox were both killed. This week, following a two-year investigation, the Alberta's Serious Incident Response Team (ASIRT) laid the charges. Within hours of Stothard's arrest, he was brought before Court of King's Bench Justice Nick Devlin where he was released with the consent of Edmonton prosecutor Jeff Rudiak. "It's frankly amazing to see an individual charged and being put in front of the Court of King's Bench in reverse onus, double homicide within literally hours," said Jim Lutz, a senior defence lawyer in Calgary. 'Two tiers of justice' Last month, Lutz had a second-degree murder case where a man with no record waited a month and a half in the Calgary Remand Centre for a bail hearing. "I'm not sure how we can justify two tiers of justice in this particular instance." Kelsey Sitar, the president of Calgary's Criminal Defence Lawyers' Association, estimates the wait times to get before a King's Bench judge is about two-to-four weeks but "sometimes longer." Both Lutz and Moreau say a same-day bail hearing in superior court could only have happened as a result of previous arrangements between the Crown and defence lawyers. 'Public confidence in the system' ASIRT confirmed it worked with both the Crown and defence to "ensure the officer was arrested and brought before the Court in the most efficient manner possible." "ASIRT is fully supportive of the prosecutor's decision to release the subject officer on bail," said ASIRT Director Mike Ewenson. "As delay is an ongoing concern in the justice system, having the bail matter dealt with allows the prosecution to move on to the next stage of the court proceedings." WATCH | A Calgary police officer is charged with two counts of 2nd-degree murder in a 2023 shooting: Calgary police officer charged with 2nd-degree murder in 2023 shooting 2 days ago While Lutz praised Stothard's lawyer, Don McLeod, "for his incredible work," he raised concerns over the public perception of Stothard's speedy release. "The decisions that courts make as to bail have to be such that they preserve and enhance public confidence in the administration of justice," said Lutz. "Anything which lends the appearance of a two-tiered system of justice does not enhance or increase public confidence in the system." Speculation of unfairness 'without merit' In a written statement provided to CBC News, the Alberta Crown Prosecution Service said "the time it takes to get before a King's Bench judge can vary due to many factors." "Speculation hinting at unfairness in the handling of this file is without merit," reads the statement. MacLeod declined to comment on the timing of the bail hearing. On Tuesday, he said his client "maintains his innocence and intends to mount a full and vigorous defence." Stothard, a 15-year veteran of the Calgary Police Service, is currently on leave. He will be back in court in August.

Calgary police officer charged with 2 counts of 2nd-degree murder
Calgary police officer charged with 2 counts of 2nd-degree murder

Yahoo

time7 days ago

  • Yahoo

Calgary police officer charged with 2 counts of 2nd-degree murder

A Calgary police officer has been charged with murder following a 2023 police shooting that left two men dead. Const. Craig Stothard faces two charges of second-degree murder stemming from a shooting that took place on May 29, 2023. Court documents identify Wesley Davidson and Levon Boyce Fox as the two victims killed in the shooting. On Tuesday, the Alberta Serious Incident Response Team (ASIRT) — a provincial agency that investigates incidents where death or serious injury may have been caused by police — announced the charges following its two-year investigation. According to Stothard's lawyer Don MacLeod, the officer "maintains his innocence and he intends to mount a full and vigorous defence." Stothard was released on $1,000 bail on Tuesday under a number of conditions including a weapons prohibition and an 11 p.m. to 6 a.m. curfew. He must also surrender his passport, remain in the province and provide his fingerprints. Stothard's next court appearance is on Thursday. The incident took place along Memorial Drive, a major road through inner-city Calgary. On May 29, 2023, just after 10 a.m., a security guard reported three "suspicious and impaired individuals" on a private property, according to Calgary police at the time. The three men fled in a stolen five-ton cube van that was then reportedly being driven in an erratic and dangerous manner along westbound Memorial Drive. Officers followed the slow-moving vehicle as it continued swerving along the road. Police vehicles were placed in strategic locations to make sure the van didn't get into the heavily populated downtown. A number of attempts were made to contain the van, but because of its size, it broke through the containment. Police say 45 minutes after the incident began, the situation escalated to the point where one officer discharged their firearm, killing two of the suspects inside the vehicle. A third person was taken into custody. The CPS helicopter, HAWCS, was involved in the incident and provided its footage to ASIRT investigators, who also reviewed officers' body-worn camera video. "We had a voluminous amount of body-worn camera footage to go through," said ASIRT director Mike Ewenson. "As well … the CPS helicopter was over top of this incident." Ewenson called the video "remarkably important" to the investigation. "Even though witness officers certainly co-operated with our investigation … and do their best to give us a full and complete recollection of everything they heard and everything they saw, in going through these instances, it can be difficult for a proper recollection," said Ewenson. "Having body-worn camera footage gives us an objective view of what occurred in terms of what was seen and what was heard." According to the Calgary Police Service (CPS), Stothard, a 15-year member, "is currently on leave" although CPS would not elaborate on whether the officer was on leave with or without pay. In a written statement provided to CBC News, CPS said it is "confident in the integrity of the ASIRT investigation." "The charges are extremely serious in nature, and we recognize that incidents like this challenge the trust that communities have in the Calgary Police Service, especially Indigenous communities," reads part of the statement. "We are committed to listening, learning, and taking every possible step to understand what can be learned from what happened." CPS also offered condolences to the victims' grieving family members. According to ASIRT, the evidence gathered during its investigation provided reasonable grounds to believe that offences had been committed. The investigative findings were forwarded to the Alberta Crown Prosecution Service which determined the evidence met its standard for taking the case to trial.

Calgary police officer charged with two counts of second-degree murder in 2023 shooting
Calgary police officer charged with two counts of second-degree murder in 2023 shooting

National Post

time7 days ago

  • National Post

Calgary police officer charged with two counts of second-degree murder in 2023 shooting

A Calgary police officer has been charged with two counts of second-degree murder in relation to a shooting during a chase on a busy city roadway more than two years ago. Article content The Alberta Serious Incident Response Team (ASIRT) announced Tuesday that Const. Craig Stothard is charged in relation to the May 29, 2023, incident in which police opened fire on a stolen cube van following a slow speed chase on Memorial Drive. Article content Article content Article content Levon Wildman, also known as Levon Fox, was one of two men killed, the other being the driver of the vehicle, Wesley Davidson, 46. Article content 'I've been trying to stay positive through this whole thing,' said Lena Wildman, adding she suspects race played a factor in her son's death. Article content 'There was no need to use this excessive force, no need to use a gun . . . Levon was cared for and loved, he was a human being.' Article content While she's glad charges have been laid, the mother said she still has to hope Stothard won't receive preferential treatment due to his law enforcement background. Article content 'He should be tried just like any civilian facing criminal charges, not be given favours,' she said. Article content 'Now we'll have to prepare ourselves for the trial. It's like opening a wound that was starting to scab over.' Article content ASIRT launched an investigation after the shooting and concluded there were reasonable grounds to believe criminal offences had occurred. Article content The case was forwarded to the Alberta Crown Prosecution Service (ACPS), which agreed the evidence met standards for prosecution. Article content Article content Stothard was formally charged July 14 and appeared in Calgary Court of King's Bench the following day, when he was released on conditions. Article content In a statement, CPS acknowledged the charges and said Stothard is on leave from CPS. Article content Police would not say if Stothard's leave is paid or unpaid. Article content 'The charges are extremely serious in nature, and we recognize that incidents like this challenge the trust that communities have in the Calgary Police Service, especially Indigenous communities,' CPS said. 'We are committed to listening, learning and taking every possible step to understand what can be learned from what happened.' Article content CPS said it recognizes the 'profound impact' of the incident for all involved, and offered condolences to family members of the victims. Article content 'We are confident in the integrity of the ASIRT investigation and know that our criminal justice system is well equipped to handle this case with the seriousness and fairness it deserves,' said the statement.

Calgary police officer charged with two counts of second-degree murder following 2023 vehicle pursuit
Calgary police officer charged with two counts of second-degree murder following 2023 vehicle pursuit

CTV News

time7 days ago

  • CTV News

Calgary police officer charged with two counts of second-degree murder following 2023 vehicle pursuit

A Calgary police officer has been charged with two counts of second-degree murder. Alberta's police watchdog said on Tuesday that Const. Craig Stothard had been charged on Monday, following its recommendation. ASIRT investigated the May 29, 2023, incident that resulted in two individuals being shot and killed. 'A Calgary Police Service officer shot at occupants of a van on Memorial Drive N.E. following a slow-speed pursuit,' ASIRT said in a release. 'Two of the occupants were struck and later pronounced deceased. 'The evidence gathered during ASIRT's investigation provided reasonable grounds to believe that offences had been committed.' On May 29, 2023, police said they received reports of a five-ton cube van being driven erratically and dangerously throughout northeast Calgary. Police said they located the van travelling westbound on Memorial. Cruisers were stationed at various intersections and bridges along Memorial Drive to prevent the cube van from entering the downtown core or neighbouring residential areas. Cruisers with sirens on and lights flashing tailed the vehicle at slow speeds when police said it made a sharp U-turn onto eastbound Memorial at the intersection with Edmonton Trail N.E. Police said as the van approached St. George's Drive N.E., officers made attempts to stop the driver but were unsuccessful. According to police at the time, the driver continued to swerve across all lanes of traffic and refused to stop. Police said attempts were made to contain the vehicle, but the van was able to break containment and continued moving toward officers, and one officer discharged their service firearm. Two people were pronounced dead, and a third was taken into custody. No officers or civilians were injured. While Stothard was not named at the time, police said it was a 13-year member of the force who opened fire. Stothard appeared in the Court of King's Bench on Tuesday. He is not currently in custody. With files from Melissa Gilligan

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