THREE bouncers have been cleared of manslaughter charges in the death of a patron outside a Winnipeg nightclub in February, 2004.
Associate Chief Justice Jeffrey Oliphant, in a written decision released Thursday, said the actions of the three bouncers during a scuffle outside The Beach nightclub at the Pembina Highway Canad Inns were justified.
Debbie Hanson, mother of James Hanson, who died in a scuffle with bouncers outside a Pembina Highway nightclub, shows a portrait of her son. The family was not happy with the bouncers' acquittal on manslaughter charges.
James Ronald Hanson, 28, died of asphyxiation following the skirmish with security staff.
"I conclude that in the circumstances of this case, despite the tragic consequences that flowed from them, the actions of (the bouncers) were not only necessary, they were also appropriate, reasonable and measured," Oliphant wrote. Gregory James Everett, 26, Adam David Bidzinski, 23, and Christopher Enrique Gonzales, 22, have been on bail since the incident.
Hymie Weinstein, who represented Gonzales, said the case should never have gone to trial.
"I think there was a premature rush to charge," Weinstein said.
He said he spoke with his client shortly after the decision was released. "(Gonzales) said it's the best day of his life," said Weinstein.
But Hanson's family said they were shocked by the result.
"It's not justice. It's a total disregard for human life," relative Paul Hindy said. "There's a difference between resisting somebody and killing somebody."
"I understand they had to do a job. But it didn't take four people to hold him down like that and push his face down."
"It's not justice. It's a total disregard for human life," relative Paul Hindy said. "There's a difference between resisting somebody and killing somebody."
During the trial, court was told Hanson became involved in an altercation with security staff and seemed reluctant to co-operate. The bouncers, court was told, took Hanson down with a series of punches to his torso before they moved on top of him.
"The evidence satisfies me that once the security officers had Mr. Hanson on the ground, they attempted to calm him down. They told Mr. Hanson repeatedly to stay down, to clam down, to stop fighting and to relax. All of this was to no avail as Mr. Hanson continued to struggle with the security officers," Oliphant wrote.
There were at least a dozen eyewitnesses for the Crown who gave statements to police at the time of the incident. However, Oliphant said the statements were unreliable because of questionable tactics and "shoddy" treatment by police.
The judge noted that witnesses were locked in a small room without sleep, food or water for up to 14 hours before providing a statement to police.
"...many of the witnesses called by the Crown would have been awake for a period of time well in excess of 24 hours, in one case 32 hours, before trying to recount for the police what transpired earlier..." Oliphant wrote. "Sleep deprivation is a well-known technique used by interrogators to break down the will of a subject to be interviewed, but is not a technique I would expect to be employed with eyewitnesses."
The Crown relied heavily on the statements because many of their witnesses during the trial couldn't recall details of the incident, which happened more than three years ago.
The judge noted that the Crown never called any police witnesses to explain why the eyewitnesses were handled the way they were.
"...I am unable to say why the witnesses were treated in what I can only describe as a shoddy manner by the Winnipeg Police Service," Oliphant wrote.
A police spokesman said police wouldn't comment on the case until they have an opportunity to read the entire decision.
The pathologist who conducted the autopsy on Hanson testified at trial that death was "almost an accident" and there didn't appear to be any intent to kill Hanson.
david.kuxhaus@freepress.mb.ca
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