Family releases 'shocking' video of violent arrest that left man with head injury
Const. Trevor Lindsay is on administrative leave and will make his next court appearance on Jan. 20
The family of a man who police confirm suffered a head injury at the hands of a Calgary officer has released video of the alleged incident to CBC News — in an effort to shed light on what happened to Daniel Haworth.
"He wasn't the same person afterwards," said Daniel's brother Robert Haworth.
Daniel Haworth has since died from unrelated causes, but last week, Const. Trevor Lindsay was charged with aggravated assault stemming from the incident that took place on May 25, 2015.
None of the allegations have been proven in court.
"The only place I will advance evidence, arguments or submissions is in a court of law where the court has the opportunity to consider all the evidence in context," said Lindsay's lawyer Don MacLeod.
"My client maintains his innocence and intends to mount a vigorous defence."
Punched in the head
In the Haworth case, Lindsay and his partner had taken Daniel, 35, to the arrest processing unit to be charged after he was accused of breaking into his ex-girlfriend's home.
While he was being removed from the police car, the video shows Daniel — who was handcuffed — being punched in the head three times by Lindsay, who then throws him on the ground where he lies unconscious.
Eventually, paramedics arrived and took him to Foothills Hospital.
The video, captured by a Calgary public library surveillance camera, was Daniel's as part of the disclosure package given to him by prosecutors when he was facing charges connected to the arrest.
Robert and his wife, Catherine Haworth supplied it to CBC Calgary.
They have had the video for months, but weren't able to bring themselves to watch it until Thursday night.
"I knew what had happened from what Danny had told me, but even still, seeing the video, it took my breath away watching it," said Catherine.
"It was shocking, it was disappointing and hurtful," she said.
Daniel remained in hospital for about a week after the beating, but the effects of his injuries were lasting, according to his family.
The couple says doctors diagnosed Daniel with a permanent brain injury.
Afterward, he had problems with his memory and numbness on one side of his body. He returned to hospital at one point so doctors could drill into his skull to alleviate a brain bleed, says Robert.
One year since Daniel died of fentanyl overdose
This week marks the first anniversary of Daniel's death. He overdosed on fentanyl the day he was kicked out of a drug rehab facility for missing meetings.
Though they do not deny his struggles with mental health and addictions issues, Daniel's family says there was a lot more to him.
"He was super intelligent, he had a big heart, he cared about other people," said Robert.
"He was my role model for quite a few years growing up and he didn't deserve what happened. He was a good person."
The Haworths have a complicated relationship with police. Robert and Daniel's father was a Calgary police officer, and it was a local officer who worked for 20 minutes trying to save Daniel's life as he was rushed to hospital after overdosing on fentanyl.
They want it known that they don't harbour hateful feelings towards all officers.
"There's good cops and there's bad cops," said Robert.
Lindsay on administrative leave
When they speak of what justice for Daniel would look like, the Haworths say they don't want to see Lindsay working as a police officer in the future.
"For sure him never being put in any sort of position of power or trust with the public ever again at a bare minimum," said Robert.
Lindsay is on administrative leave, which police say will be periodically evaluated until he appears in court.
He is also named as a defendant in a lawsuit filed against several CPS officers in another case, which alleges police brutality. In the statement of claim, Lindsay is accused of punching, kneeing and dragging a suspect. The allegations have not been proven in court.
Daniel was facing charges of break and enter and two counts of breaching release conditions in the May 2015 incident, but these charges were withdrawn on Feb. 12, 2016, after he died.
'He knew that he wasn't an angel'
Last week, Lindsay was released on $1,000 cash bail and ordered to have no contact with his former partner, Cst. Maxine Lapoint, who was there during the violent arrest.
He makes his next court appearance on Jan. 20.
As for how he'd feel about charges being laid against Lindsay, the family says Daniel would probably have been surprised.
"He knew that he wasn't an angel, but he knew that what happened was something that should never happen," said Robert.
"[He] was very skeptical that anything would come of it ... I think he felt that this was just something that will be overlooked, that no one was really going to care about it."