Charges stayed against Brandon officer accused of assault, theft after noise complaint gone wrong

Prosecutors have stayed charges against a Brandon, Man., constable accused of assault and theft last year after he pinned one person down on the hood of his police cruiser and confiscated the cellphone of another.

The professional consequences the officer has already suffered were part of the reason for staying the charges, the Crown said.

Brandon Police Service Const. Darwin Raga was charged in March 2024 following a probe by the Independent Investigation Unit of Manitoba into the Sept. 3, 2023, incident, which began when Raga and his partner responded to a complaint about music being played too loud in the southwestern Manitoba city.

Some of the interaction between the officers and the three people they found when they arrived — a 17-year-old boy and two 18-year-old men — was captured on video.

That included Raga "berating" and "verbally jousting" with one of the young men in an "acrimonious" exchange, according to prosecutor Rustyn Ullrich.

The officers told the group to turn their music completely off and leave the area, which led to disagreement over whether the police demands were lawful and "seems to have been the catalyst" for the escalation that followed, said Ullrich.

That included Raga putting his hands on one of the men and pushing him down on the hood of the police cruiser car.

"It's very clear that a message is being sent at this point — basically, enough and comply, and you're going to be dealt with in this fashion," Ullrich told provincial court Judge John Combs in a Brandon courtroom on April 8, when Raga's charges were stayed.

Ullrich said Raga then "aggressively" approached another of the men and swatted his cellphone out of his hand onto the ground, before confiscating it and telling the man he could get it back later from the police detachment.

While witness accounts suggest the group was "antagonistic" when police arrived, Ullrich said "whether that was the case or not, the video evidence clearly shows that Const. Raga's actions were what I'd describe [as] reactionary, certainly unprofessional and not justified under the circumstances."

"Officer Raga's behaviour was below what the public should expect from officers, especially experienced ones like officer Raga," Ullrich said. 

"Police officers are expected to be in control and show restraint and far better judgment, even in the face of disrespect and added pressure that comes along with that as well — and unfortunately, Const. Raga failed in that regard in this particular incident."

Court heard the men involved in the incident later went to the Brandon police station and reported what happened to a sergeant, who notified the police watchdog.

Officer back on active duty

Ullrich said prosecutors decided to stay Raga's charges following a "thorough review" of the case and given the professional consequences the officer has already suffered because of the incident.

Court heard those included Raga losing the ability to act as a sergeant and collecting extra associated pay, and for a couple of months also being removed from his duties as a crisis negotiator.

Ullrich said from February 2024 to the date he appeared in court to stay Raga's charges, the officer had also "essentially been on desk duty" in an administrative role. 

Brandon Police Service spokesperson Janet Reichert said Friday that Raga has returned to active duty.

"It has been a lengthy, arduous journey, with the legal process concluded and all charges now disposed of in court, Brandon Police Service reports that Const. D. Raga has returned to active duty," Reichert said in an email.

The police service is "focused on moving forward and continuing to serve our community with professionalism and integrity," Reichert said.

"As this relates to an internal personnel matter, we will not be providing further comment. Brandon Police Service supports Const. Raga's return to active duty and his continued commitment to public safety as a member of our service."

The prosecutor said the entirety of the evidence in the case showed the alleged assaults "amounted to no more than a brief detention and placement … on the hood of the cruiser car, and then his swatting of the cellphone away."

Ullrich said the case also required and underwent additional scrutiny because Raga was an officer acting in his professional capacity at the time of the incident. 

"The Crown is also mindful of the higher profile nature of the case, and of course the general principle that anytime a police officer is alleged to have assaulted an individual or otherwise abused their power and position of trust, there's greater need for transparency — which is why I'm talking now," Ullrich said in court.

He said Raga has also since completed anger management counselling. 

Defence lawyer Richard Wolson described Raga, who did not appear in court when his charges were stayed, as "ordinarily a very fine police officer and [an] experienced police officer" who has learned from the experience.

"Justice is always — whether it's a Crown attorney dealing with a matter or a court — it's always a balancing act, and this route was chosen as being a fair and just one," Wolson said in court. "In the end, I think justice has done the right thing."

The province has a year from the date charges were stayed to reinstate them.