10 - The Oakville Beaver Weekend, Saturday August 23, 2008 www.oakvillebeaver.com Use of force expert says cops shouldn't have tasered senior By David Lea OAKVILLE BEAVER STAFF In the face of a blistering cross-examination by defence counsel, an expert Crown witness stuck to his position that three members of the Halton Regional Police Tactical Rescue Unit used an inappropriate amount of force in subduing a 79-year-old Oakville man. Lino Couto, a recognized court expert in police use of force tactics, testified on Wednesday that Constables Matthew Kohler, Joe Davis and Richard Dodds should have taken measures to contain Gerry Morgan to his apartment rather than shooting him with a rubber bullet and then with a Taser. The three officers are facing numerous assault charges in connection with the incident. The tactical team was summoned to Morgan's Marine Drive apartment on Nov. 25, 2006 after receiving reports that Morgan, a longtime Parkinson's disease sufferer, had grabbed two knives and was acting strangely. Constable Cole Repta, a forth member of the responding tactical team, testified that upon entering the apartment he saw Morgan in a trance-like state, swinging two large butcher knives in front of him. Repta said, Morgan did not seem to be aware of the presence of the officers and was not slashing at them, but he was doing it with force. He also said Morgan would bang these knives on a nearby kitchen table from time to time and was not responding to the officer's commands to put the knives down. Morgan's wife Edna had previously testified that her husband had begun a new medication for his Parkinson's disease and had been having adverse reactions to it. In the confrontation that followed, Kohler ordered Dodds to fire an anti-riot gun. The projectile struck Morgan in the arm forcing him to drop one of the knives. Since Morgan was still holding a second knife and not responding to commands to drop it, Kohler called for the Taser, which was fired by Davis. Morgan fell to the ground and was apprehended, but not charged. He was taken to hospital for treatment to his wounded arm and later released. Shortly afterwards, Morgan was readmitted to hospital where he remained until his death on May 4, 2007. Morgan's death was not linked to the Nov. 25, incident, but the Special Investigations Unit (SIU), a civilian agency that investigates injuries and deaths involving police, did find sufficient grounds to charge the three officers. Couto classified Morgan as a passive resister because he made no move to harm anyone, but was simply holding knives and not responding to police. On Thursday, Leo Kinahan, Davis' lawyer, cross-examined Couto drawing attention to details of the case that are not contained in a report written by Couto outlining his conclusion. Morgan's moving or slashing of the knives back and forth was one such omitted detail. "You had evidence he was not simply standing there hold See Expert page 11 Sign up for a TRAINING PROGRAM this Fall $ · · · · · · We have a program for all levels Learn to Run For Women Only 5K Training 10K Training Half Marathon Marathon · · · · · Fitness Walking Walking 5K Walking 10K Walking Half Marathon Walking Marathon 69 99 O N LY SAFETY COVER SALE SAVE 10% When you order before August 31, 2008 Call now for a Quote START RUNNING & WALKING OR STAY ON PACE NOW AVAILABLE Oakville Running Room 156 Lakeshore Road East Ph: (905) 844-2300 oakville@runningroom.com Attractive and Safe removable Mesh Fencing Sytems Get a Quote Today VISIT US ONLINE AT WWW.RUNNINGROOM.COM 2215 Shorncliffe Blvd, Oakville · 905-465-3308 Openings, Closings & Maintenance · Liners & Full Pool Renovations · Equipment Sales & Service