[Curtman]

raydan raydan:

What's the best thing that can happen to you if you resist arrest????

I'm not sure where the bit about not speaking english is coming from though.. He says he understood their commands.

* Edit *

$1:

He also noted that audio recordings indicated the officers gave proper commands and that the entire incident lasted just two minutes, though he acknowledged Wu may have felt it lasted longer.

And they understood his

$1:

Cessford noted Wu's response was understandable — "he was protecting his family, home and property"

* End of Edit *

http://www.vancouversun.com/news/Vancouver+cops+cleared+after+mistaken+arrest+left+badly+injured+Lawyer/3771969/story.html

$1:

In contrast, Florkow and London told investigators that after Wu refused to let the officers into his house, Wu shoved Florkow with both hands and then grabbed him, trying to take him down to the ground.

It was only at that point that London intervened, grabbing Wu and forcing him to the ground, where Wu's face struck the concrete sidewalk.

Wu then continued to resist arrest, they said, forcing them to strike Wu several times on the back to get handcuffs on him.

The officers soon learned they had the wrong man, removed Wu's handcuffs and had him taken to hospital. In his decision, Cessford said Wu's injuries were consistent with the officers' account of what happened.

Doesn't really sound like resisting arrest if he shoved him and tried to take the officer down.

[BartSimpson]

I know in most states in the US resisting a wrongful arrest is not the same as resisting arrest. Is the same distinction drawn in Canada?

[raydan]

BartSimpson BartSimpson:

I know in most states in the US resisting a wrongful arrest is not the same as resisting arrest. Is the same distinction drawn in Canada?

But if you resist a wrongful arrest and the police beat you up, can you sue and still win "every" time.

[andyt]

Curtman Curtman:

I'm not sure where the bit about not speaking english is coming from though.. He says he understood their commands.

* Edit *

$1:

He also noted that audio recordings indicated the officers gave proper commands and that the entire incident lasted just two minutes, though he acknowledged Wu may have felt it lasted longer.

And they understood his

$1:

Cessford noted Wu's response was understandable — "he was protecting his family, home and property"

* End of Edit *

http://www.vancouversun.com/news/Vancouver+cops+cleared+after+mistaken+arrest+left+badly+injured+Lawyer/3771969/story.html

$1:

In contrast, Florkow and London told investigators that after Wu refused to let the officers into his house, Wu shoved Florkow with both hands and then grabbed him, trying to take him down to the ground.

It was only at that point that London intervened, grabbing Wu and forcing him to the ground, where Wu's face struck the concrete sidewalk.

Wu then continued to resist arrest, they said, forcing them to strike Wu several times on the back to get handcuffs on him.

The officers soon learned they had the wrong man, removed Wu's handcuffs and had him taken to hospital. In his decision, Cessford said Wu's injuries were consistent with the officers' account of what happened.

Doesn't really sound like resisting arrest if he shoved him and tried to take the officer down.

The papers reported repeatedly that he did not speak English or very little. IF you look back in this thread you will see where I gave a link to indicate such.

In your quote you're mixing up Wu and the investigator. The first He in your quote is the investigator talking - saying that the cops gave the proper command and that the incident took 2 minutes tho Wu may have felt it took longer.

Wu is preventing the officers from entering the house and shoving them - not a good idea when the cops thing there may be an injured woman inside who called for help.

If shoving and trying to take the officer down isn't resisting arrest, what is it? At this point the officers had not touched Wu, were just trying to get entry into the house.

[andyt]

BartSimpson BartSimpson:

I know in most states in the US resisting a wrongful arrest is not the same as resisting arrest. Is the same distinction drawn in Canada?

I'm pretty sure it is. You'll notice that this guy was not charged with resisting arrest, because the arrest was not lawful, it was a mistake. But the cops had good reason to do what they did, they didn't pick this guy off the street to push him around. They thought they were dealing with a domestic assault, and as we know, those can turn lethal pretty quick.

I'm sure this guy will recover some damages from the VPD. He sure sounds like he's trying to milk it tho, staying off work for a year, and having his wife also stay off work. And as far as I'm concerned he brought a lot of this on himself by not being able to communicate with the cops.

Whether the cops were too rough, I can't say.

[Curtman]

andyt andyt:

The papers reported repeatedly that he did not speak English or very little. IF you look back in this thread you will see where I gave a link to indicate such.

In your quote you're mixing up Wu and the investigator. The first He in your quote is the investigator talking - saying that the cops gave the proper command and that the incident took 2 minutes tho Wu may have felt it took longer.

You're right.. I misread that, and later it says:

$1:

Wu read from a prepared statement in Chinese at the news conference. A written English translation was provided later to reporters.

andyt andyt:

Wu is preventing the officers from entering the house and shoving them - not a good idea when the cops thing there may be an injured woman inside who called for help.

If shoving and trying to take the officer down isn't resisting arrest, what is it? At this point the officers had not touched Wu, were just trying to get entry into the house.

It sounds more like assault to me than resisting arrest.

[andyt]

remember that you're reading from a report done by one cop who investigated other cops. Always there's a suspicion that they got a pass. But this guy didn't help himself by not speaking English.

[Curtman]

andyt andyt:

But the cops had good reason to do what they did, they didn't pick this guy off the street to push him around. They thought they were dealing with a domestic assault, and as we know, those can turn lethal pretty quick.

I still wonder about this part. If he was deaf, and not Chinese would he still deserve the beating?

[andyt]

Curtman Curtman:

andyt andyt:

But the cops had good reason to do what they did, they didn't pick this guy off the street to push him around. They thought they were dealing with a domestic assault, and as we know, those can turn lethal pretty quick.

I still wonder about this part. If he was deaf, and not Chinese would he still deserve the beating?

The guy doesn't deserve a beating, I'm just saying it was within his power to make something like this less likely. A deaf person, who after being shown the cop's badges tried to shove them and take them to the ground would also bear some responsibility.

It's like everybody is trying to have a good guy and a bad guy in this story, and pushing me in the cops are the good guys corner. There is no good or bad guy here. The cops made a mistake in going to the wrong address, and possibly came on too rough (tho I don't know). Wu didn't bother to learn the language of the country he lives in and even after the cops identified themselves got physical with them, or so they say. These things can happen, people make mistakes. There's no clear good or bad guy in my book here, but Wu in my mind bears some responsibly because he didn't learn how to communicate. Bet you he has a driver's licence tho, with the help of an interpreter.

More interesting is the question where the cops went to right house on a marijuana bust, and shot a guy sitting and watching TV because he had a remote in his hand and turned towards them when they busted in. He wasn't given a chance to communicate anything, he just lost his life for a stupid pot bust. The shooter cop of course got off with no penalty.

[Public_Domain]

[Curtman]

$1:

Wu didn't bother to learn the language of the country he lives in and even after the cops identified themselves got physical with them, or so they say.

Again, I have a problem with this. My neighbours on both sides are recent immigrants, both from the Philippines.

On one side, the wife came over first. She speaks English fluently, but he is still learning.

Other side, he speaks English, but his wife is still learning.

The real problem with this story is that the guy downstairs was still beating his wife while all this was happening.