Supervising officer says he gave order to shock Dziekanski with Taser
By: James Keller, THE CANADIAN PRESS
VANCOUVER, B.C. - The supervising RCMP officer on duty the night Robert Dziekanski died at Vancouver's airport told a public inquiry Monday that he gave the order to shock the man with a Taser, and repeated the command as many as two more times.
The exhausted and confused Polish immigrant, who didn't speak English, died on the airport floor after he was stunned several times in the early morning of Oct. 14, 2007
Cpl. Benjamin Monty Robinson, the fourth officer to appear at a public inquiry, said he told Const. Kwesi Millington to use the Taser when Dziekanski picked up a stapler and moved toward the officers.
"When he took the step forward, that's when I gave Const. Millington the command to deploy the Taser," said Robinson. "And at that point, the Taser was deployed."
Millington testified earlier this month that he made the decision to fire the Taser on his own, but Robinson insisted he gave the command.
Robinson said when Dziekanski didn't immediately fall down, he asked for a second shock, although he wasn't sure whether Millington heard him.
A bystander's video shown numerous times at the inquiry shows Dziekanski was on the floor for the second stun, and Robinson acknowledged Dziekanski had either already collapsed or was on his way down by the end of the first shock.
"So, logic would suggest that when you tell Millington the second time ... Mr. Dziekanski was on the ground?" asked inquiry lawyer Art Vertlieb.
"No," replied Robinson.
On the bystander's video, one of the officers can be heard shouting, "Hit him again! Hit him again!" after the second stun, long after Dziekanski had fallen. The other officers have said that voice belongs to Robinson.
Robinson said he didn't remember giving a third command, but didn't dispute it was him.
"I don't rule that out it was me a third possible time," he said. "This is a potential third command."
Robinson, who had been on the force for 11 years, had been trained in Taser use in 2003, but that training expired in 2006. He wasn't recertified until a month after Dziekanski's death.
It meant he wouldn't be able to use a Taser himself, but the corporal said it wouldn't affect his ability to order his officers to do so.
Robinson said his command to use the Taser was the first instruction he gave any of his constables that night.
The officers were on a dinner break at the RCMP's airport detachment when they received a call about a man throwing furniture, and Robinson said they all walked to their cruisers and headed to the airport without so much as a word from him.
Robinson was the last one to arrive at the airport, and he said there was no discussion before the four of them walked into the international terminal and walked up to Dziekanski.
"Did you have any plan in your mind about what you would do with this call and the three constables attending with you as you entered the airport?" asked Vertlieb.
"No," replied Robinson.
As with the other officers, there are inconsistencies with what Robinson initially told police investigators.
He told investigators that Dziekanski was holding the stapler high and swinging the stapler at the officers, but that can't be seen on the video .
He told the inquiry he meant Dziekanski was holding the stapler at his chest, and he took a step toward the officers.
"I agree, it's not articulated well," said Robinson.
He also told investigators that officers had to wrestle Dziekanski to the floor, even though he fell down on his own - an error made by all four of the officers.
That consistent error prompted the lawyer for the Polish government to accuse Millington earlier this month of lying to justify his actions - an accusation Millington immediately denied.
Crown prosecutors announced in December that the officers wouldn't be charged, saying they acted with reasonable force in the circumstances.
However, the officers' actions are under scrutiny by inquiry commissioner Thomas Braidwood, who can make findings of misconduct against the officers or anyone else.
After Dziekanski's death, all four officers remained on duty at the airport for several weeks before they were all reassigned, some outside the province.
Robinson was moved to the RCMP's Olympic Integrated Security Unit, which is preparing security for the 2010 Winter Games in Vancouver, but was suspended with pay shortly after he was arrested last October in connection with a fatal collision.
A 21-year-old motorcyclist was killed when he was struck by a Jeep in suburban Delta, south of Vancouver.
In a news release dated Oct. 28, 2008, Delta police said they were recommending Robinson be charged with impaired driving causing death and driving with a blood alcohol level over the legal limit, but the Crown has not announced any decision on charges.