Attack on police officer – charges withdrawn

SUMMARY: Alberta Man charged with uttering threats to a police officer, assaulting a police officer, and impaired driving.

OFFENCE: Impaired Driving

RESULT: Charges withdrawn

DEFENCE LAWYER: Sean Fagan

Regina v. X.X. – Dec 2020

Charges: Assault police officer, uttering threats, impaired driving

A solo member of the RCMP came across a vehicle in the ditch on the side of a remote highway, many miles from any gas station, town, or police backup.  The vehicle was occupied by a person alleged to be X.X., who was unconscious in the driver’s seat of the running vehicle, with the music blasting – a 1980s power ballad to be specific.  The officer attempted to wake X.X. by raising his voice, but to no avail.  So, the officer grabbed hold of X.X. to shake him awake.  X.X. came to life, shouted “I’m going to kill you” exited the vehicle, and immediately started swinging punches and attacking the police officer.  The officer was caught by surprise, but managed to create some distance between the two of them.  The officer retrieved his Taser, pointed it at X.X. and fired.  No luck.  X.X. a large, powerful man continued to bear down on the officer.  Again, the officer managed to create distance between himself and X.X., enough time to reload the Taser with another cartridge.  Fortunately for both individuals, this time it worked.  The Taser discharged, made contact with X.X., and incapacitated him to the ground, putting an end to the violent, volatile situation.

X.X. was handcuffed and placed in the rear of the patrol vehicle, where he was arrested for assaulting a police officer, uttering death threats, and impaired driving.  The entirety of the interaction, from initial contact, to arrest, was captured on an in-car audio/video recording device. Many people would view this as an open and shut case, with the only possibility being to negotiate the best sentence possible.   This was a very serious case due to the assault on the police officer, the death threats, all compounded by impaired driving. X.X. was looking at a lengthy period of incarceration.

Instead of pleading guilty, X.X. retained the legal defence of Sean Fagan.  Sean Fagan was successful at securing the withdrawal of all criminal charges X.X. faced, saving X.X. a criminal conviction for these offences.