An RCMP officer was recently acquitted of three charges linked to a rough takedown of a suspect in Prince George more than seven years ago. (File photo/NanaimoNewsNOW)

By NanaimoNewsNOW Staff

not guilty

‘Proportionate, necessary and reasonable:’ Nanaimo Mountie cleared of excessive force allegations in Prince George

Sep 8, 2023 | 5:22 AM

NANAIMO — A provincial court judge sided with how an RCMP officer handled the arrest of a suspected truck thief in Prince George.

Cst. Joshua Grafton was recently found not guilty of assault, assault with a weapon and obstructing justice in connection with a February 2016 high-risk take-down of an admitted drug trafficker.

The incident in an alley resulted in superficial injuries to Cuyler Aubichon and was captured on surveillance video, unbeknownst to Cst. Grafton at the time.

Following a lengthy trial lasting several months, judge Peter McDermick ruled Cst. Grafton was justified in using his Police Service Dog to yank Aubichon from the driver side seat and to the ground.

With Aubichon downed, Cst. Grafton hit him seven times while the pair grappled beside the truck.

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One of the blows by Grafton included a knee strike.

The officer testified Aubichon failed to show his hands during the entire altercation.

“Some allowance must be made for an officer facing a dynamic situation and misjudging the degree of force necessary to restrain a suspect,” the judge told the court. “There is no obligation on an officer to use the least amount of force to achieve their objective. He’s entitled to be wrong as long as it’s reasonable.”

Other responding officers arrested the truck’s passenger during the incident occurring under a darkened sky at 6:30 a.m.

Two other officers had charges applied against them dropped.

“In light of the significant risks and dangers Constable Grafton and others faced, the decision to utilize an intermediate weapon with a significant chance of injury requiring some kind of hospitalization was proportionate, necessary and reasonable.”

Cst. Grafton also dodged an obstruction of justice charge, related to his post-offence reporting of what happened, which contradicted the video footage.

He testified he didn’t believe he was obligated to report his use of force because he used “physical control soft” techniques, which carry a lower likelihood of causing injury.

“…the errors in reporting are indeed problematic and troubling to an extent, but they don’t overwhelm the analysis and inexorably determine design,” judge McDermick said.

Cst. Grafton was previously investigated by the Independent Investigations Office (IIO) for an arrest three years following the Prince George incident while he on duty with the Nanaimo RCMP detachment.

A suspect was injured following a pursuit by Cst. Grafton and a Police Service Dog in rural area south of Nanaimo.

The IIO investigation deemed Cst. Grafton’s use of force was “at the upper end of the justifiable range.”

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