One of three 海角社区官网police officers involved in the 2021 鈥渕istaken identity鈥 arrest and Tasering of a Black University of 海角社区官网student, which included that officer placing a knee to the student鈥檚 neck, has pleaded guilty to using unnecessary force, a professional police misconduct charge.
Const. Seth Rietkoetter, who has been a police officer for 17 years, pleaded guilty Monday at a 海角社区官网police tribunal hearing over the takedown of Hasani O鈥橤ilvie, who was on his way to class when he was mistaken by police for what the tribunal heard was a Black man of similar description with a violent history.
鈥淚 would like to offer my most sincere apologies to Mr. O鈥橤ilvie, and in (his) absence, to his mother,鈥 Rietkoetter, 42, said, addressing Christine Stought-O鈥橤ilvie, a teacher with the 海角社区官网District School Board, who made a point of attending in person for a son who鈥檚 still recovering from what happened on a hot August day three summers ago.
鈥淚 hope this is something that both you and your son are able to overcome. I recognize that this has had a significant impact on you, your son (and) the greater community,鈥 said Rietkoetter, who also apologized to the police service for bringing it into 鈥渄isrepute.鈥 He asked that his career not be judged by 鈥渢his very brief moment.鈥
Lawyer Noah Schachter, acting as a prosecutor for police, and Rietkoetter鈥檚 lawyer, Sandy Khehra, are jointly calling for a penalty of a one-year-long demotion from 1st class to 2nd class constable, though Schachter told tribunal hearing officer Supt. Shane Branton that dismissal was 鈥渋n the range of options.鈥
The tribunal heard that this was not Rietkoetter鈥檚 first time in trouble at the tribunal and that if he landed there again, the police service would 鈥渟eek dismissal,鈥 said Schachter.
After hearing submissions, Branton reserved his decision on penalty to a later date.
In submissions made on behalf of O鈥橤ilvie and his mother, lawyer David Shellnutt took issue with an agreed statement of facts that said O鈥橤ilvie was initially resisting arrest while being Tasered multiple times 鈥 if anything, he said his client was 鈥渙verpowered鈥 and his arms ended up under his body because that was how officers 鈥渢ackled and pinned him to the ground.鈥
鈥淗e had his hands up 鈥 He was scared, tasers were pointed at him.鈥
Shellnut also highlighted the lack of acknowledgment in the agreed statement of facts that O鈥橤ilvie is Black and that anti-Black racism has been acknowledged as a problem within 海角社区官网police.
鈥淎s we have repeatedly stated, PC Rietkoetter鈥檚 use of force against Mr.聽O鈥橤ilvie represents the human face of the disproportionate use of force,鈥 said Shellnutt.
The incident has had a 鈥渂roader impact鈥 on the relationship between police and the city鈥檚 Black communities, added Shellnutt, noting that the high-profile killing of George Floyd by a Minneapolis officer who also used a knee-to-neck manoeuvre 鈥 鈥淭hat is the very same manoeuvre that was employed against Mr. O鈥橤ilvie.鈥
Rietkoetter鈥檚 lawyer countered that race was not a factor in his 鈥渋nvolvement.鈥
It was unclear Monday what may come from police act charges laid against the other two officers. A schedule indicated tribunal hearings are to take place this week for Cons. Jilliane Baquiran and Sgt. Rachel Saliba, beginning Tuesday.
O鈥橤ilvie was on his way to class on Aug. 12, 2021, when he identified himself to police verbally, was thrown to the ground, had a knee placed on his neck and Rietkoetter used his Taser 鈥 which was set to 鈥渄rive-stun鈥 mode 鈥 five times. He was then handcuffed, put in the back of a police car and then let go after his identification confirmed he was exactly who he said he was.
The use of drive-stun mode is controversial. It involves an officer holding their Taser directly against an individual and discharging it in a manner that causes pain but does not incapacitate them.
Police had been looking for a Black man of similar description after his mother reported he had taken her phone.
O鈥橤ilvie, who has no criminal record and is now close to completing his university degree, and his mother have sued 海角社区官网police over the incident, which was documented on police body-worn cameras.
Police footage from what police documents described as a case of 鈥渕istaken identity鈥 has yet to be publicly released and scrutinized, and may never be 鈥 unless there is a full police tribunal hearing or Shellnutt is successful in an appeal of a police decision to deny access to the footage in a freedom of information request.
That appeal is pending; the lawsuit has since been settled, the terms of which are private.
The police video evidence mirrors O鈥橤ilvie鈥檚 claims and the public would likely find it 鈥渜uite disturbing,鈥 Shellnut, who has reviewed the video, told the Star in a statement last year.
A police complaint investigation determined misconduct charges were warranted against all three officers involved in the arrest. All three were initially charged for allegedly not informing O鈥橤ilvie of the reason for his arrest, nor of his right to a lawyer, and for unlawful or unnecessary arrest.
According to police tribunal charge documents, Rietkoetter faced an additional misconduct charge for excessive force using his Taser five times when O鈥橤ilvie 鈥渨as not resisting, and his hands were behind his back鈥 and for 鈥渄eliberately鈥 placing a knee on his neck in a manner that 鈥渟erved no legitimate purpose.鈥
He pleaded guilty to the latter charge, though the agreed statement of fact deemed the first three hits with the taser to be justifiable. The remaining two disciplinary charges against Rietkoetter are to be withdrawn in the plea deal.
It was also agreed that聽Rietkoetter did not inform O鈥橤ilvie why he was kept in detention after his ID proved who he was, nor was he informed of his right to counsel.
The tribunal heard of mitigating factors in Rietkoetter鈥檚 life, including that he was suffering from undiagnosed post-traumatic stress disorder at the time of the incident, for which he is now getting treatment.
On the aggravating side for聽Rietkoetter was a 鈥渟erious鈥 misconduct case that involved a 鈥渃riminal finding of guilt,鈥 said Schachter.
For Stought-O鈥橤ilvie, she welcomed the opportunity of seeing the officers in person 鈥渨ho caused my son, our family, such pain.鈥
鈥淚 see the remorse shown (by Rietkoetter), and despite my pain and the unjustified suffering endured by my son, I wish no ill-will,鈥 she wrote. 鈥淢y intent as the mother of Hasani has always been to seek justice for the wrongs done to my son.鈥
She added: 鈥淚 implore the police officers of 海角社区官网to examine their biases, and we all do have them, whether we want to admit it or not 鈥 They will recognize that when they encounter future 鈥楬asanis,鈥 they will treat them with dignity and understand that not all young Black men have criminalistic intent.鈥
To join the conversation set a first and last name in your user profile.
Sign in or register for free to join the Conversation