Sudbury

Civil case alleging wrongdoing with OPP in Sault Ste. Marie continues

A second person involved in a civil lawsuit, alleging assault and wrongful arrest by the Ontario Provincial Police, said he is still injured from the incident.

Harrison Knox testified he still suffers from injuries after an incident with police in 2014

A case involving a Sault Ste. Marie family and the OPP started in court on Monday.

A second person involved in a civil lawsuit, alleging assault and wrongful arrest by the Ontario Provincial Police, said he is still injured from the incident.

Daniel Knox, his daughter Sherry Cole and son Harrison Knox, are seeking $1.5 million in damages. They are also seeking $250,000 for breaches of the Charter of Rights and Freedoms as well as $250,000 for punitive damages.

All of them and another employee were charged with various charges, including assault, resisting arrest and obstructing police. They were all withdrawn.

The officers named in the claim are Constable Luigi Bruni, Constable Mario Posteraro, Constable Peter Van Den Diepstraten, Constable Keith Nicolle and Sergeant Ken Spahr.

On Thursday, Harrison Knox testified.

In a statement of claim, it said the OPP were called on June 11, 2014, after a traffic complaint involving a vehicle owned by Daniel Knox's company, Treeman & A Chainsaw. Harrison works as a crew leader for the company.

Harrison testified he was driving a company truck and another worker was following him in a separate vehicle. He said they pulled into a parking lot north of the city to park one of the trucks there for a future job, before heading to the next job.

Harrison said when he parked the truck in the lot, a truck pulled in front of his vehicle and an SUV pulled in behind him, blocking him in.

He said he went to ask two women in one vehicle why they were blocking him in.

"They just kept screaming at me," he said.

He attempted to drive away and couldn't so he said he got back out of the vehicle. He told the men in the other vehicle to move their vehicle.

'Really warm'

Harrison said one men got out and Harrison said he tried to push him away. From there, he said the men moved their vehicle. Harrison said he tried to drive away and his vehicle was damaged by the other vehicle.

Harrison said he then phoned his father, Daniel. He said the people who blocked him in told him police were on the way.

Harrison said when police arrived, they spoke with the other people on scene. He said when an officer approached him, he was told he was under arrest for dangerous driving and assault.

From there, he was handcuffed and put in the back of a police cruiser. He said the handcuffs were tight and hurt him. He said the cruiser was "warm enough for sweat" to be pouring into his eyes.

"I'm not one to sweat too easily," he said. "The car was off. There was no air conditioning and the windows were rolled up. It seemed really warm."

His father, Daniel, showed up and opened the police cruiser door. Harrison said he heard someone yell to get away from the vehicle and get on the ground.

He said he saw Constable Keith Nicolle grab his father and at that point, he stood up outside of the police car.

"I wanted to see what was going on with my dad. I was kind of concerned for him," he said.

"I was feeling helpless and concerned for my dad."

'Never been the same'

Harrison was told to get back in the vehicle, which he did. He then saw his father get hit with a stun gun, or Taser, twice by police. He also said his dad was kicked in the legs by police and put in the back of a different police car.

Harrison was then taken to the police station. He said he asked Constable Posteraro if his handcuffs could be adjusted as they were hurting him but was told that could wait until the station.

He said at first, his right wrist hurt constantly, but started to get a bit better after a few months but never fully improved.

"It has never been the same since," he said.

"When I'm lifting things on certain angles, it's excruciating."

Harrison said he still has flareups today and said the strength in that wrist is about 75 per cent of what it used to be.

The case is scheduled to continue on Friday.

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