Kelowna RCMP Officer on Trial For Assault

A local RCMP officer is facing a charge of assault following the arrest of a bar patron last summer in Kelowna.

Constable Grant Jacobson has been in Kelowna provincial court for two days to defend himself against the charges stemming from the arrest of John Patrick McCormick. The arrest took place on June 28^th, 2014 during closing time at Rose’s Pub, located on Water Street in downtown Kelowna. McCormick alleges that Jacobson criminally assaulted him during an arrest, a charge Jacobson has pleaded not guilty to.

Jacobson arrested McCormick after he refused to leave the pub at the end of the night. Jacobson was working what the RCMP call “an enhanced policing shift”, meaning more patrols were on the street to help with enforcement. At around 2:00 a.m., McCormick was at Rose’s Pub as bouncers were clearing out the bar. Jacobson and other officers along with auxiliary officers arrived at the pub to help with bar flush and to make sure no problems occurred.

During the second day of testimony, Jacobson took the stand to detail what occurred that evening and what led to the arrest of McCormick. Jacobson said he was on the patio at Rose’s while the bouncers were clearing people out of the pub and herding them towards the exits. While speaking with other patrons, Jacobson noticed the bouncers having a hard time getting McCormick to leave, so he stepped in. At this point a surveillance video tape of the events was shown to Judge Gregory Koturbash, which showed Jacobson speaking with McCormick prior to the arrest.

“No one else was having trouble with direction from the bar,” said Jacobson during his testimony about McCormick.

The video showed Jacobson pointing to his watch, making a drinking motion and then McCormick finally walking away from the officer. At this point Jacobson said that McCormick used profanity towards him and was attempting to head back into the pub. Jacobson went on to describe how he told McCormick that he was under arrest for obstruction and attempted to handcuff him.

While trying to get the handcuffs on McCormick, Jacobson said that McCormick turned around and flung his hands into the officer’s face.

“He caught me off guard. He was loud and belligerent, but I wasn’t expecting a physical reaction,” added Jacobson.

Fearing for his personal safety Jacobson said he decided to take McCormick to the ground, and at this point he felt the man’s hand on his gun. His immediate reaction was to subdue McCormick and regain control of the situation. Jacobson took McCormick to the ground and punched him in the stomach three times. By the third punch he did not feel the man’s hand or arm on his gun anymore and stopped. The constable then placed his knee on McCormick and proceeded to handcuff him.

Following the arrest, Jacobson said that McCormick was yelling and swearing more profanities at him while he tried to explain why the man had been placed under arrest. Stating that McCormick appeared to be drunk, Jacobson remained calm and continued to try to answer the man’s questions as to why he had been arrested.

The pub regular was then hauled off to the cells at the Kelowna detachment and subsequently given two tickets, one for obstructing an officer and one for a liquor act infraction. Cross examination of Jacobson is expected to take place on Wednesday, May 27^th before the trial wraps up.