Edmonton man speaks as 2 officers charged with assault: ‘I didn’t resist. I didn’t fight’ Achi-News

An Edmonton man says he’s spent the past year looking over his shoulder, scared of police after he says two officers attacked him while walking to the bus in southeast Edmonton.

Now, two Edmonton Police Service officers have been charged with assault in connection with the October 2023 incident.

“I’m tired of living in fear,” said Max Bird. “Since this happened, I’ve moved in different directions and I’m scared… every time I see (police) I cringe.”

The 56-year-old man was walking towards a bus stop on 51st Avenue, near 66th Street, just after midnight on Saturday, October 14, 2023.

He said he saw what looked to be a collision scene and, having trained as a first responder, was concerned: “I thought I was doing well.”

He said he jumped over a fence on the side of Whitemud Drive and approached two vehicles but no one was around, so he abandoned the good Samaritan effort and went back over the fence to resume approaching the bus.

That’s when Bird says a police cruiser showed up and two officers approached him.

“As a first responder, you have to identify yourself and what you’re doing,” Bird said, “But they didn’t even give me the chance. They directed me over the fence. I waited for them like this,” he said on Friday, putting his arms up in the air.

“I was already standing there in this situation. They saw my hands. I followed their instructions. I didn’t argue. I didn’t object.”

Surveillance video from the Edmonton Police Service’s Air 1 helicopter corroborates Bird’s claims.

Bird says he was instructed to get over the fence, so he threw his backpack over first, then climbed over.

“As soon as I got to the other side of the fence, I was on my knees. I had my hands up still. And then they went ahead and tasted me.”

The video shows a police officer raising their arms, which Bird says is when he was hit with a stun gun.

“They said they were coming to talk to me. They didn’t talk. They didn’t even give me the opportunity to speak. They took one look at me… tasted me.

“I did as they said. I didn’t resist. I didn’t fight. I didn’t argue.”

Bird says he lost control of his body from the electric shock from the device, and rolled down the embankment on the side of Whitemud Drive.

“I was incapacitated,” Bird said.

After that, the video shows officers started hitting the man.

“My one arm was behind my back. He was sitting on my back and they were punching me. They were punching me and hitting me,” said Bird.

The man from Edmonton was stunned and said he feared for his life: “Like what the…? How? Just…. How does this happen?”

“Two of them were on top of me, punching me continuously. And they kept saying, ‘stop resisting, stop resisting.’ They were screaming at me to stop resisting…I wasn’t resisting. I couldn’t resist.”

Mathew Farrell is a Calgary lawyer representing Bird. He was shocked by what happened to his client.

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“I really don’t know what could have been done to prevent this attack,” Farrell said Friday. “He was clearly cooperative. You don’t climb over a fence towards police officers if you don’t cooperate.

“It seemed like a very clear case that there was no justification for this attack.”

Farrell said it was hard to ignore the instinct to curl up into a ball to protect one’s vital organs when being beaten.

“That’s not a fair thing to say he’s resisting. Anyone in that position, if they get punched, is going to curl up, is going to try to protect themselves even if they’re trying to comply with an officer’s instructions.”

EMS also showed up during the arrest, and that’s when Bird said he was loaded into an ambulance.

He says he was first taken to the Gray Nuns Hospital nearby, but then moved to the Misericordia in the west end. All the time in handcuffs and in the company of the officers. Aderyn’s arm was injured from being twisted behind his back and he says he still hasn’t recovered.

“This was serious and this is not a case of someone being intimidated. This guy was injured and he’s injured now – he hasn’t fully recovered the use of his arm,” Farrell said.

“This was not trivial and it is not acceptable for something like this to happen.”

The EPS said its professional standards branch received an external complaint about the officers on October 17, 2023, and launched a formal investigation.

The case was referred to Alberta Crown Prosecution Services in Calgary in April of this year.

On August 27, the prosecutors recommended that two EPS members be charged.

“It’s certainly a good thing that they’re taking this seriously enough to recognize that, in this case, charges should be brought,” Farrell said.

“This guy did nothing wrong.”

Bird, who tried and obtained the surveillance video of the incident (see the video player above), said he was nervous to share his story but also felt it was important for people to know what happened.

“I’m very glad that the public is going to be more aware of this,” said Bird.

“If someone doesn’t say anything or do anything about it, it’s going to keep happening.”

On Friday, criminal charges were laid against two Edmonton Police Service officers.

Cons. David Castillo, a 10-year member of the EPS, was charged with assault with a weapon and assault causing bodily harm.

Cons. Ali Hamzeh, a three-year member of the EPS, was charged with assault causing bodily harm.

Both officers are currently employed in non-patrol and non-supervisory positions, Edmonton police said Friday.

A third officer was involved in the arrest but has not been charged.

The EPS said its professional standards branch will launch an investigation under the police service regulation once the criminal prosecution is resolved.

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