When Does an Arrest Become Assault?

By now we’re all familiar with the incident in which Yao Wei Wu was beaten by Vancouver police. In case you missed it here is a brief rundown. At about 2 a.m. on Jan 21 of this year two police officers in plainclothes, responding to a domestic violence call, arrived at the Wu residence. According to Mr. Wu, when he answered the door the police officers dragged him outside and beat him. The incident was witnessed by both his wife and child. Mr. Wu, who speaks little English, suffered injuries to his knees, legs and back. Additionally, his eyes were swollen shut and he sustained fractures to his face. Initially the police said they used force because Mr. Wu resisted arrest, a claim they have since recanted. The attack has left him unable to work. To make matters worse Mr. Wu is totally innocent of any wrongdoing. You see, the police went to the wrong unit at that address in a case of mistaken identity gone horribly wrong.

Of course Mr. Wu has since retained legal counsel and is in the process of launching a civil action against the city of Vancouver.

But this whole episode has left me asking a bigger philosophical question, “what if Mr. Wu was the right guy”? Everyone familiar with this story is appalled by what happened and rightly so. But what if the Vancouver police had the right guy? Does the end justify the means?

Let’s take a look at another case, this one here in Winnipeg. Last February then 18 year old Cody Bousquet stole a Ford half ton parked in front of a downtown bar sparking a high speed police chase. During the chase he rammed a police car, drove across a busy sidewalk and crashed into a parked car and light standard. He was eventually arrested on Notre Dame Ave. Please have a look at the video below.

As you can see it appears as if Mr. Bousquet is in the process of surrendering. Because of this video most of the charges against the accused have been dropped. He was sentenced to 11 months time served for two counts of assaulting a peace officer and one count of operating a motor vehicle in a dangerous manner. As well he will have two years of supervised probation.

The RCMP have been called in to investigate how the arrest in the video above was handled.

In this case the suspect is guilty after having been convicted of a couple of charges. There can be no denying his actions were dangerous. Leading police on a high speed chase is foolish and could have tragic consequences. Luckily no one was injured even when he drove across the busy sidewalk. In this case the police had the “right guy”.

So I ask again does the end justify the means? I think we can all agree that the beating suffered by Yao Wei Wu at the hands of the police is wrong and should never have happened. In the case of Cody Bousquet, is it okay that he was beaten because he is guilty? Is the only factor determining the validity of the actions of the police the supposed guilt or innocence of the suspect? In other words, is the beating suffered by Yao Wei Wu wrong because he is innocent of any wrongdoing while the beating of Cody Bousquet is justified because he is guilty?

Credits:
Photo provided by Ming Pao newspaper (www.mingpaovan.com)
Video courtesy Winnipeg Free Press (www.winnipegfreepress.com)