Case # 35327
Percy Walter Davis v. Her Majesty the Queen. (January 17, 2014)
At issue is whether excessive force was used in effecting an arrest. The appellant was convicted of possession of a weapon for a dangerous purpose and assaulting a police officer. Armed with a butcher knife the appellant was seen riding a bike around the parking lot of an Edmonton shopping mall. When a police officer stopped and sounded his air horn, the appellant charged at the officer with the knife. The officer eventually got out of his car, revolver drawn, and told the appellant several times to drop the knife. The appellant walked away, knife in hand, and headed toward the mall. The officer pursued the appellant and decided to shoot when it became apparent that he would not drop the knife. On appeal, the appellant claimed the trial judge erred by failing to find his Charter rights were breached by use of excessive force.