Was it a reasonable use of force?

This is the main question both the defence and Crown are trying to answer in the trial of three Halton Regional Police Tactical Rescue Unit members charged with assaulting a 79-year-old Oakville man.

The incident that sparked this trial dates back to Nov. 25, 2006 when Constables Joe Davis, Richard Dodds and Matthew Kohler responded to a domestic disturbance call on Marine Drive.

Upon their arrival, the three constables entered a condominium unit where they encountered Gerry Morgan, who was armed with two large knives and acting strangely.

During the altercation that followed the officers fired a rubber bullet from an ARWEN (Anti Riot Weapon Enfield), which penetrated Morgan's upper arm to the bone.

The officers then used a TASER on Morgan, which caused him to fall.

After being taken into police custody, but not charged, Morgan was transported to Oakville-Trafalgar Memorial Hospital where he was treated for his arm injury and then released.

Morgan was readmitted to hospital a short time later where he remained until his death on May 4, 2007.

While the three officers are not being held legally responsible for Morgan's death, the Special Investigations Unit (SIU), a civilian agency that investigates injuries or deaths where police are involved, found sufficient grounds to charge Dodds, Kohler and Davis

The trio faces charges of assault causing bodily harm, unlawfully causing bodily harm, and assault with a weapon.
Kohler faces one additional charge of assault with a weapon.

The officers pleaded not guilty on all charges at the outset of the trial on Monday.

 "What the case boils down to is whether the use of force by the police officers was reasonable in all circumstances," said Anthony Leitch, the Assistant Crown Attorney prosecuting this case.
 
The trial's first witness was Morgan's wife Edna, 82.

Edna testified that her husband, who had long suffered from Parkinson's disease, awoke in the middle of the night and proceeded to the kitchen where he grabbed two butcher knives and began chopping apples.

Edna became concerned when Morgan would not respond to her voice. She called the medical service ConnectCare, which in turn called the police when they learned weapons were involved.

Edna repeatedly stated Morgan was never abusive or threatening with the knives.

"I wasn't frightened for myself at all," she said.

On cross-examination, however, Kohler's lawyer ,William MacKenzie, pointed to the transcript of an SIU interview in which Edna said she had locked herself in a back bedroom during the incident.

Edna denied saying this.

MacKenzie then asked Edna why she did not attempt to remove the knives from Morgan's hands.

"It was an unusual situation. I had never seen Gerry like that before and I was waiting for help," she said.

"You were not sure what your husband was capable of doing," said MacKenzie.

"That's right, it was very unusual," said Edna.

When the police arrived on the scene, Edna was taken out of the building and did not see what transpired next.

"I thought they were going to help him," she said.

 Halton Police Constable Jeremy Smith, who had been in the hall as the tactical team entered Morgan's apartment unit, also testified, identifying Dodds, Kohler and Davis as the officers who went in.

Since his duty was to keep members of the public away from possible danger, he did not see what took place inside, but told the court what he had heard.

"They (the tactical team) made numerous and repeated demands to put down the weapons. There was no response," said Smith..

After the team entered the apartment, Smith said he heard the command given for the ARWEN to be used followed seconds later by the command to use the TASER.

On cross-examination by the defence, Smith noted that officers gave further commands for Morgan to put the knives down after  the ARWEN had been fired.

When asked by Leitch if anyone had called doctor to find out about the medication Morgan was on, Smith responded 'no.'

In the days to come Leitch said the court will hear from one officer who accompanied the officers on trial into the apartment, but was not charged.

Leitch will also be calling an expert from the Ontario Police College to testify about what is an appropriate use of force.

The defence will be calling their own experts to try and refute this testimony.

It is unknown at this point if the defendants will testify on their own behalf.

The trial continues Tuesday in Burlington Provincial Court.