Edmonton man kicked, stomped during arrest despite complying with police, jury hears

A trial is underway for an Edmonton police officer accused of excessive force, with the Crown telling the jury that he kicked and stomped on a man who was lying face down on the ground during an arrest.

Oli Olason was charged with assault in the incident, which was caught on surveillance video from a cafe in the Ritchie neighbourhood just after midnight on March 23, 2021.

Standing in court next to his defence lawyer on Monday, when Olason was asked to enter a plea, he said, "I'm not guilty of this charge."

Crown prosecutor Michelle Kai said the case is about whether the force Olason used is justifiable. She told the jury that video of the arrest shows Olason kick, stomp and stand on a man's head while he's on the ground.

"Was it reasonable, was it proportionate, was it necessary? The Crown says it was not and will ask you to find Olason guilty."

The jury heard that Olason was an Edmonton Police Service tactical unit member at the time of the arrest, and he was behind the wheel of an unmarked police SUV when he and his EPS partner encountered Lee Van Beaver, the man who ended up injured.

Beaver gave evidence Monday, saying the night of the arrest, he was on his way to a friend's house in Ritchie. He planned to pick up a bike and ride it to his north-side home.

He said he noticed a dark SUV with tinted windows drive past him several times, and he got "spooked," recalling how he'd been robbed in the same area several years earlier. 

The jury heard that Beaver took out a canister of bear spray from his front hoodie pocket and held it at his side, making sure the people in the vehicle could see it.

"You don't want to get close to that stuff. I just pulled it out, made sure it was known that I had it," he said.

As Beaver turned off 76th Avenue into an alley next to Transcend Coffee, he saw red and blue lights activate and realized that there were police in the SUV.

'I asked why I was being treated like this'

Video played in court Monday showed Beaver turning around as he sees the police lights. He removes his backpack, puts his hands up and lowers himself to the ground, eventually getting down on all fours as three police officers advance toward him.

"I very cautiously started to get down on the ground, and before I was fully down, one officer rushed up, kicked me in the face, and then [ground] his boot on the back of my head, even stood on it with both feet," Beaver said.

"Another officer grabbed my arm; another officer tased me in the back. I asked why I was being treated like this even though I was being compliant for everything that was being told for me to do."

The video shows a fourth officer arriving a few seconds later. The jury heard that officer, Const. Dustin Adsett, used a Taser on Beaver.

Beaver said the bear spray stayed in his hoodie pocket the entire time, so "it hit the ground before I did," and he never tried to use it. But he told the court that one of the officers showed him a spot on his pant leg and accused Beaver of trying to spray him.

Once Beaver was handcuffed, police discovered he had outstanding warrants, and took him into custody.

Defence lawyer begins cross-examination

The jury also watched some contentious exchanges between Beaver and Olason's lawyer, Brian Beresh, as he started his cross-examination.

Beresh asked about discrepancies between what the video shows and how Beaver described his actions to a police officer shortly after his arrest.

"My suggestion is you were not compliant," Beresh said.

He described Beaver as a "man on the run" who wanted to avoid being arrested "at any cost," especially since he was carrying bear mace, which he knew was illegal.

Beresh also suggested Beaver's story about what he was doing that night "doesn't add up," questioning him about a multi-tool, plastic knuckle dusters and methamphetamine that police found on him after his arrest.

Beaver, who told the court he now works as a support care worker at an addictions treatment centre, said he has his own history with addiction.

"I'm not on trial," Beaver said.

"Yes, I might be a little confused about things because maybe there was trauma that went on that night. Am I the one on trial?"

The case is expected to continue at the Edmonton courthouse all week.