Prince George, BC, July 26, 2024: Yesterday at the Prince George Courthouse, Judge Adrian Brooks announced that Constable Arthur Dalman was found guilty of obstructing justice in connection with the death of Dale Culver but acquitted co-accused Sergeant Bayani (Jon) Eusebio Cruz.
During his three-hour verdict, Judge Brooks explained to the courtroom that Dalman’s obstruction charge carries a potential prison term of up to 10 years.
In response to the decision, Dalman’s lawyer, Neil Wiberg, declared that the defence would seek a pre-charge delay, a motion on whether the time it took between the incident and the charges violated Dalman’s Charter rights.
Criminal charges were not approved against the officers until nearly six years after the death of Culver.
The judge’s ruling follows bystander Kenneth Moe’s testimony in June, where he revealed that the officers pressured him to delete video footage he took of the events following Culver’s death.
Moe testified that he felt “violated” when the officers threatened him with confiscation of his cell phone and obstruction charges if he did not comply. His testimony highlighted the officers’ attempts to suppress evidence vital to the investigation of Culver’s death, drawing attention to misconduct within the RCMP.
Culver, a 35-year-old member of the Wet’suwet’en and Gitksan Nations, died in police custody on July 18, 2017, after being chased for riding a bike without a helmet. That night, multiple RCMP officers pepper-sprayed, punched, kicked, and kneed Culver, according to a statement from the BC Prosecution Service (BCPS). He died approximately 30 minutes later after complaining of difficulty breathing.
In May 2020, following a thorough investigation of Culver’s death by the Independent Investigations Office (IIO), manslaughter charges were recommended for Constables Paul Ste-Marie and Jean Francois Monette, while obstruction of justice charges were recommended for Constable Clarence MacDonald and Cruz and Dalman.
However, on April 5, 2024, the manslaughter charges against Ste-Marie and Monette were stayed, and a month later, MacDonald’s obstruction charges were also stayed.
According to Ron MacDonald, former Chief Civilian Director of the IIO, less than half of the recommended charges against police officers have been approved by the prosecution service in the past five years.
MacDonald publicly expressed his frustration with the BCPS’s reluctance to prosecute officers and planned to submit a report on the situation before retiring from his position last May.
There is a crucial difference between staying and withdrawing criminal charges. When the Crown stays charges, they are put on hold and can be reinstated within one year.
A coalition of Indigenous and legal organizations, including the family of Dale Culver and the Gitanyow Hereditary Chiefs, formally called on the BCPS to reconsider criminal proceedings in May. They are still waiting for a response.
The Gitanyow Hereditary Chiefs continue to advocate for justice and accountability, demanding systemic change within the RCMP and the BCPS to address and dismantle systemic racism. This includes a public inquiry into the deaths of Indigenous people by police.
Quotes:
Debbie Pierre, cousin of Dale Culver and Operations Manager for the Gitanyow Hereditary Chiefs, stated:
“We have very mixed feelings about this decision. We are outraged that Cruz has been acquitted, but Dalman’s guilty verdict brings us some hope. This is only one step in our pursuit of justice for Dale. Our family has endured immense ongoing trauma for seven years, and we are determined to see all officers who played a role in the death of Dale face accountability. Indigenous people must have faith that justice can be served, and we will not stop fighting until that becomes a reality.”
Joel Starlund/Sk’a’nism Tsa ‘Win’Giit, Executive Director of the Gitanyow Hereditary Chiefs, added:
“The lack of charges against Cruz is devastating. The urgent need for systemic change in policing has never been more evident after hearing witness testimony of intimidation and evidence suppression. We demand a full public inquiry into the RCMP’s role in the deaths of Indigenous people and will not rest until there is true accountability.”
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