Winnipeg Free Press

Winnipeg Free Press (Newspaper) - December 11, 2020, Winnipeg, Manitoba C M Y K PAGE A1 CONNECT WITH CANADA'S HIGHEST READERSHIP RATE WEATHER: MAINLY CLOUDY. HIGH -2 - LOW -10 � FRIDAY, DECEMBER 11, 2020 FOUNDED IN 1872 INSIDE ATTENTION SHOPPERS Provincial legislation allows retailers to stay open later on Sundays / B4 CARING FOR CARE HOMES As second wave decimates care homes, officials discuss more measures to protect residents / A3 RARE EXECUTION U.S. carries out first execution during presidential transition in 130 years / A10 - DELIVERY OR New CLICK & COLLECT AT L IQUORMARTS.CA Stay Safe & Shop Smart shop online SCU.MB.CA/MYMORTGAGE ?Annual Percentage Rate. *Rate subject to change. Conditions may apply. R E S I D E N T I A L M O R T G A G E 1.95%*5-YEARVARIABLE CLOSED (apr ?) Click for St. Nick Retired teacher takes singing Santa shtick online in Zoom sessions for kids / D1 POLL PROBE RESEARCH A WINNIPEG Police Service of-ficer investigated for excessive force after he pepper-sprayed a cyclist won't be criminally charged - even though there were grounds to do so, Manitoba's police watchdog has determined. The Manitoba Prosecution Service told the Independent Investigation Unit of Manitoba there is reasonable doubt WPS Patrol Sgt. Jeffrey Norman used excessive force when he pepper- sprayed a Winnipeg man who was biking home from work in 2019. In the Crown's opinion, a charge shouldn't be laid in the case, because it may not lead to a conviction. The office reviewed the evidence and sought an expert opinion on police use of force before making its decision, according to an IIU report released Thursday. "We have concluded that a reason- able doubt exists as to whether the officer's use of force was excessive. Consequently, although grounds exist to arrest the officer and lay a charge, we are not satisfied that there is a reasonable likelihood of conviction. When MPS is consulted for charge authorization in any criminal matter, we employ the same standard for pro- ceeding with criminal charges," states an excerpt of the prosecution service's statement to the IIU. After the April 12, 2019, confronta- tion, Thomas Krause alleged in a pub- lic Facebook post that he was pepper- sprayed and unnecessarily detained by Norman, after he asked the officer to turn off his vehicle's high beams. Krause was biking home from work around 3 a.m., when he crossed paths with a police vehicle on Home Street, near St. Matthews Avenue. The officer responded belligerently to his request, Krause said, and told him he matched the description of a suspect he was looking for: a white male with a back- pack on a bicycle. Krause said Norman pepper- sprayed him after he told the officer he didn't think he had the right to search his backpack. The IIU, an arm's-length agency that investigates serious incidents involv- ing police, opened a file on the incident 20 months ago, and asked the Crown office to review its investigation. Zane Tessler, civilian director of the IIU, said the circumstances of the case fell into a "grey area," and that's why he asked for a Crown opinion - which he doesn't have to follow. Tessler could lay charges himself, regardless of the Crown's recommen- dation, but it's still up to the Manitoba Prosecution Service to prosecute the case. The IIU doesn't engage an out-of-province prosecution service to handle criminal charges that arise from its investigations. "In this particular case, the Crown opinion was quite lengthy and de- tailed, and we did have discussions about it. At the end of the day, it was evident that the Crown was not prepared to proceed on any matters," Tessler said Thursday. Norman (referred to in the IIU report as the subject officer) was interviewed and provided his notes to IIU investigators - even though police officers who face such allega- tions don't have to participate in IIU investigations. His notes detail a very different ver- sion of events. Norman wrote he was investigat- ing a report of three people, including someone described as a white man with a backpack and a bike, breaking into cars in the area. In his use-of- force report about the pepper-spray incident, Norman wrote he believed the cyclist he encountered was in- volved in the break-ins. Norman wrote he used pepper spray to stop the man from escaping and prevent a physical altercation, and because he feared for his own safety. In his notes, Norman wrote Krause "was going to flee and escape a lawful detention and assault (Norman) in the process." He wrote Krause had a "large build," didn't listen to his requests to get off his bike and tried to flee twice. Krause told the Free Press that's not what happened. Krause was eventually released, after Norman determined he wasn't involved in the break-ins. The Free Press sought comment from Norman via the Winnipeg Police Service and the Winnipeg Police Association. The WPS said it doesn't comment on IIU cases; the police union did not respond. Officer escapes excessive-force charges KATIE MAY Police watchdog says 'grounds exist' to arrest THE Pallister government's popularity has hit rock bottom and the NDP has snagged the lead for the fi rst time since being kicked out of government in 2016. "This survey really does mark a significant turning point in our track- ing," said Scott MacKay, founder of Probe Research, about the poll com- missioned by the Free Press. "In some ways, this is a referendum on the Pallister government," he said. "Maybe the chickens have come home to roost here, in a sense." The firm questioned 1,000 Mani- tobans from Nov. 24 to Dec. 4, and found the NDP leading with 41 per cent, overtaking the PC party's 37 per cent support. That's a 10-point drop from the support Premier Brian Pal- lister garnered when his government was re-elected in fall 2019. The gap is even more dramatic in Winnipeg, with the NDP snapping up support from women in the city while the PCs lost some of their working- class base. University of Manitoba political scientist Christopher Adams said the poll results have more to do with the government's pandemic response than the high number of COVID-19 cases. MIKAELA MACKENZIE / WINNIPEG FREE PRESS HANUKKAH GLOW Dia (from left), Tovi, Anaya, Dorit and Kliel Rose of Winnipeg light menorah candles Thursday on the first night of Hanukkah. Candles are lit on each day of the eight-day Jewish celebration that commemorates the rededication of the Second Temple of Jerusalem. Tories free-fall, NDP go ahead in popularity DYLAN ROBERTSON ? POLL, CONTINUED ON A2 ? OFFICER, CONTINUED ON A2 Patrol Sgt. Jeffrey Norman will not be charged for pepper-spraying a man in 2019. UP IN SMOKE Winnipegger sentenced to three years, $2.7-M fine for selling smuggled cigarettes / B1 A_01_Dec-11-20_FP_01.indd A1 2020-12-10 10:57 PM ;