Langley RCMP Staff Sergeant Convicted for Assaulting Suspect

A staff sergeant with the Langley RCMP, Damian Volk, has been convicted of assaulting a suspect during the booking process at the detachment’s holding cells on August 17, 2020. The ruling, issued by Justice John Gibb-Carsley on October 28, 2023, was based on extensive video evidence that contradicted Volk’s testimony regarding the incident.

The altercation occurred after police responded to a report of theft from a local Home Depot. Officers arrested Dalibor Kuzmanovic at approximately 20:40 while he was still in a taxi that had left the hardware store. According to Constable Kyle Pfeiffer, who was involved in the arrest, Kuzmanovic was uncooperative during the process, described as “placid” and “flat,” although there was no significant struggle.

Volk, acting as the watch commander at the time, was responsible for supervising Kuzmanovic’s booking. As the booking progressed, another officer, Constable Michael Dee, initiated a search of Kuzmanovic. The situation escalated when Volk intervened, taking over the search from Dee. Witnesses reported that Kuzmanovic expressed frustration over the repeated search, prompting a brief exchange of words between him and Volk.

According to Justice Gibb-Carsley, video footage showed that Kuzmanovic shrugged his shoulders in response to Volk’s approach. Subsequently, Volk executed what was described as a controlled takedown, grabbing Kuzmanovic’s hand and head before forcing him to the ground. The Crown argued that this action constituted assault.

After the incident, Kuzmanovic was helped to his feet by another constable, underwent processing, and was placed in a holding cell. Throughout the trial, Volk asserted that he perceived a threat from Kuzmanovic, claiming the suspect was irate and screaming at him. However, Gibb-Carsley highlighted that the video evidence did not support Volk’s assertion of Kuzmanovic being aggressive. The judge concluded that Volk’s perception of danger was not objectively reasonable.

“I accept that policing is an extremely difficult job,” Gibb-Carsley stated in his ruling. “However, resorting to violence in the absence of a reasonably perceived threat is unacceptable.” The judge also commended Constable Dee for his courage in coming forward to report what he believed to be improper conduct, emphasizing the importance of accountability within law enforcement.

Gibb-Carsley noted that without officers like Dee, isolated incidents of misconduct could lead to broader systemic issues within police forces, potentially normalizing unacceptable behavior. The conviction of Volk serves as a reminder of the need for responsible policing practices and the importance of addressing misconduct within law enforcement agencies.