Suspect ‘justified’ in taking swing at cop with fence board, judge rules

[fuji]

http://www.thestar.com/news/gta/cri...wing-at-cop-with-fence-board-judge-rules?bn=1

An escaping drug suspect was legally justified in tearing a board off a fence to defend himself against a pursuing police officer because he had been unlawfully arrested, a judge has ruled.

Jerron Alexander, 24, was also found not guilty of mischief for pulling the board off the fence of a west Toronto property owner.

“Unarmed and faced with an armed police officer, Mr. Alexander acted in self-defence in tearing the board off the fence and he was legally justified in doing so,” wrote Ontario Superior Court Justice Alison Harvison Young in a ruling released this week.

I just know this one will rile up tboy. I'm surprised he didn't get shot. Given that it was a wrongful arrest I guess he is in fact justified in defending himself--but what a stupid risk to take. Better to make your case in court than have your friends make your case at your funeral.

 

[reef]

yea it was a wrongful search but he had 27 grams of crack.. lol

got out on a technicality and he's lucky

 

[KBear]

Wonder if the judge ordered the return of his crack...

Must be a frustrating job being a cop sometimes.

 

[Berlin]

yea it was a wrongful search but he had 27 grams of crack.. lol

got out on a technicality and he's lucky

Word.

 

[The Oracle]

I think all judges should have to spend some time on the street to fully understand what the average cop has to deal with.

 

[Aardvark154]

Jerron Alexander, 24, was also found not guilty of mischief for pulling the board off the fence of a west Toronto property owner.

However, unless the “necessity” defence to Trespass is different in Canada than in other Common Law jurisdictions, Alexander is still liable to the property owners for their costs of repair/replacement.