Victoria police officer used unnecessary force in nightclub brawl, hearing finds

Video evidence key in March 2010 arrest of Tyler Archer; officer will face disciplinary hearing

A public hearing into the conduct of two Victoria Police Department officers found one officer used unnecessary force and abused his authority when he kicked a Saanich man outside a downtown Victoria nightclub three years ago.

B.C.’s police complaint commissioner ordered the hearing after New Westminster Police and Vancouver Police both conducted separate investigations into the March 24, 2010 incident and cleared Const. Chris Bowser and Const. Brendan Robinson of wrongdoing.

But on Wednesday, retired provincial court judge Ben Casson said Bowser overstepped his duties when he delivered a “thrusting, forceful kick” to the back of Tyler Archer, then 19 years old, outside the now-defunct Social Club in Market Square. Video of the incident went viral on YouTube.

Casson also vindicated Robinson of any wrongdoing. Bowser will now face disciplinary action from the police complaint commissioner that ranges from a written reprimand to being fired.

“We’re disappointed in the ruling,” said Acting VicPD Chief John Ducker outside the Office of the Police Complaint Commissioner. “These officers are charged with going into very challenging situations, fuelled by alcohol and drugs, and making perfect decisions in a matter of seconds.”

In the video, Bowser kicks Archer and thrusts his knees into Archer’s back several times. Archer displayed no signs of aggressive behaviour and was complying with Bowser’s demand to get on the ground, Casson said.

Casson said the video evidence placed him like a “fact-finder” at the scene of the incident, and “the chaos Const. Bowser and Robinson have described” in justifying their actions was not apparent in the footage.

VicPD is still discussing whether or not to appeal the decision, Ducker said, as the process has dragged out for more than three years already.

dpalmer@vicnews.com

Just Posted

Deep Cove man running 50 km every month through his 50th birthday year

Ultrarunner hopes Deep 50 Challenge will raise $5,000 for Help Fill A Dream

Local author wins gold medal for new book Fat Cats

Former parks warden’s series welcomes new addition to the canon

Oak Bay to host secondary suite open house on Thursday

Online secondary suite survey will run April 25 until May 10

Ancient microbes discovered off the Juan de Fuca Ridge potentially offers glimpse into alien life

The marine bacteria is dependent on hydrogen, a compound present almost everywhere

Volunteers needed for annual Mother’s Day walk

Breast Cancer Society of Canada hosts annual Mother’s Day event

WATCH: Movie star and PACE alum Calum Worthy talks musical theatre and his career

“American Vandal” and “Austin and Ally” actor has been returning to the program for over 20 years

POLL: How often does your family use BC Ferries?

Navigating the lineups for BC Ferries is a way of life for… Continue reading

Crime Stoppers most wanted for Greater Victoria for the week of April 16

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

RCMP confirm witnesses say body found at Kelowna’s Gyro Beach

Police tape is blocking part of the beach and several RCMP officers are on scene.

B.C. fire department rescues kittens

Enderby homeowner not aware kittens in wood pile near garbage pile fire that got out of hand

QUIZ: How much do you know about Easter?

Take this short quiz and put your knowledge to the test

B.C. VIEWS: NDP’s lawyer show is turning into a horror movie

Court actions pile up over pipelines, car insurance, care aides

Global Affairs warns Canadians in Sri Lanka there could be more attacks

A series of bomb blasts killed at least 207 people and injured hundreds more

Most Read