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Judge Tosses Resisting Arrest Charge

Monday, 29 January 2018 08:44

Judge Nancy Orr says RCMP Constable Christopher Barr used excessive force in arresting Harry Kolasch on a disturbance complaint.

A territorial court judge has tossed out a resisting arrest charge against a Whitehorse man and stated the arresting officer just jumped him.

On New Year's Eve 2016, RCMP responded to a disturbance complaint at MacDonalds against Harry Kolasch, but Kolasch left and wandered to Superstore, where a security guard ensured that Kolasch did not leave until Mounties arrived.

The security guard testified that Kolasch was intoxicated and had difficulty standing. When RCMP Constable Christopher Barr arrived, Kolasch walked in the opposite direction.

An altercation ensued with Barr claiming Kolasch tried to pull for is gun. Barr struck Kolasch in the face knocking him out.

Yet Judge Nancy Orr questioned Barr's testimony saying video surveillance did not support Barr, with no sign of Kolasch resisting arrest.

As well she noted that Barr did not give Kolasch the opportunity to respond, ruling Barr used excessive force.

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