‘Weak from the outset’: Vernon woman acquitted after police video contradicts Mountie’s testimony

A Vernon woman accused of assaulting a police officer in Value Village has been found not guilty after footage from the officer’s body-worn camera contradicted much of what the Mountie said.

Vernon RCMP Const. Kyle Bengtsson had claimed that Samantha Yolande Gillian Trafford had adopted a “fighting stance,” swung at him and struck his shoulder.

However, BC Provincial Court Judge David Patterson said the officer’s testimony was “significantly undermined” by footage from the officer’s own body camera.

“His police report overstated the conduct, claiming she ‘began swinging’ when the video showed she had not yet done so at that moment,” Judge Patteron said in a June 3 decision. “His description of a ‘fighting stance’ with both arms raised was not borne out by the video, and the alleged physical contact with his shoulder was not visible on the body-worn camera.”

The judge described the assault charge as “weak from the outset.”

The decision said the situation came about when a man and a woman were seen removing tags from merchandise in Value Village and placing items into their bags.

As a staff member spoke to the male, he unzipped his jacket to show a large combat-style knife in a chest holster. She retreated and called the police.

Two officers arrived, Const. Bengtsson and Const. Storey, and they promptly arrested the male.

Heron Ecko Taylor was later found guilty of possessing a weapon for a dangerous purpose and sentenced to the time already served while in custody awaiting his trial.

Trafford’s reaction to the arrest saw her taken to the ground and she was later charged with assaulting a police officer and obstructing a peace officer.

A staff member, two police officers and Trafford all testified, sharing their version of what had happened along with footage from the officer’s body-worn camera.

Judge Patterson compared the situation to the “Hermann grid.” A visual illusion used in psychology where a person sees faint grey spots appearing on a grid, although no spots are actually there.

“The Hermann grid shows that a person can give an honest, confident account of seeing specific things that simply were not there,” the judge said. “A witness in court is in a similar position whenever they describe what they ‘saw.’”

Each witness had a different account of what took place.

“When comparing a witness’s courtroom account with physical evidence, it can be helpful to remember that, like in the Hermann grid, the witness may be accurately reporting their experience while still being wrong about what was actually there or what actually happened, because human vision and memory are constructive and sometimes illusory rather than purely photographic,’ the judge said.

The judge said the staff member was “honest but simply mistaken” in her testimony, which was contradicted by the video footage.

Const. Bengtsson’s testimony was contradicted by his own video footage, and Trafford’s testimony was “partially corroborated” by the video.

Trafford testified she moved her arms, but was not trying to hit anybody. She testified she was “pissed off” and had been using fentanyl.

“The key question was whether her actions constituted wilful obstruction or were simply the confused, emotionally driven actions of someone who wanted to understand what was happening and then tried to remove herself from the situation,” the Judge said.

Judge Patterson said the Crown had failed to prove either of the charges, saying he found no ill-will in Trafford’s behaviour.

“If anything, Const. Bengtsson and Const. Storey overreacted to the situation, especially in light of the body camera video. That said, being a police officer is a difficult job at the best of times, and I do not find any (intent to deceive) in their actions,” Judge Patterson said.

“I find that no assault occurred. Ms. Trafford did not hit Const. Bengtsson, as alleged or at all. Ms. Trafford did not assume a ‘fighting stance’ with both arms raised. Ms. Trafford did not make physical contact with Const. Bengtsson’s shoulder, as alleged. She did not swing at Const. Bengtsson and miss. Accordingly, there was no assault,” the judge said and acquitted Trafford.