Question
Fill in the blank the charger below in this scenario. Assault with a Weapon A.B. on .............................. at ......................................... did in committing an assault on
Fill in the blank the charger below in this scenario.
- Assault with a Weapon
A.B. on .............................. at ......................................... did in committing an assault on C.D. did carry [ or use, or threaten to use] a weapon to wit .................................... contrary to section 267(a) of the Criminal Code.
OR
Aggravated Assault
A.B. on .............................. at ......................................... did wound [ or maim or disfigure or endanger the life of] C.D. thereby committing an aggravated assault contrary to s. 268 of the Criminal Code.
Scenario:
On Saturday, January 13, 2024, at approximately 23:35, I responded to a report of an aggravated altercation with possible weapons involved (a knife) at Madison Avenue Pub, Toronto Ontario M5R 2S1. I did use both my sirens and my lights to make sure that i arrived to the scene quicker. When arriving at the scene at 23:45 I saw the person who matched the description of the suspect that was called in (Male, around 5'11", of Indian origin, dressed in a gray sweatshirt, black sweatpants, and sporting a black beard.)
I went through the front door and everyone in the bar seemed to be backed up and pressed against the walls of the bar. I quickly pulled my service weapon and verbally instructed the subject, later identified as Akashdeep Bhatti, to drop the knife. I told the male in the middle of the floor above a body to lower his weapon. After asking him twice to lower his weapon, after hesitation he did. I told him to put his hands behind his back and he followed instructions. I then put the handcuffs on him. 23:55 Akashdeep Bhatti was disarmed and was subsequently detained Following regular protocol, I told to the suspect to put his hands behind his back and kneel on the ground. I then cautioned the suspect you have the right to retain and instruct counsel without delay, you have the right to telephone any lawyer you wish, you have the right to free advice from a Legal Aid lawyer and If you're charged with an offence you may apply to the Ontario Legal Aid Plan for legal assistance. I notified him that he was being arrested for possible s.267 (a) and (b) s. 267 Every person is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years or is guilty of an offence punishable on summary conviction who, in committing an assault, (a) carries, uses or threatens to use a weapon or an imitation thereof, (b) causes bodily harm to the complainant.
I made sure to call back up to assist the male person lying on the ground with a clear stab wound in his left arm. Paramedics were just arriving on the scene. I told everyone in the bar "NOT to MOVE as it can contaminate the crime scene". I called forensics at 00:10 to collect DNA collection, fingerprint analysis, and video evidence retrieval. All these calls were made inside the bar, all while watching the area to make sure no one contaminated anything. I then called for backup to stand where the weapon was placed to make sure that the area was not contaminated. I brought the suspect to the police cruiser. My partner watched the area until I came back with caution police tape, and then proceeded to tape down the surrounding area with caution police tape (do not pass). I then evacuated everyone out of the bar in one line making sure the surrounding area was not tampered with.
After securing the area, at 00:30 I ID the suspect and provided the dispatcher: That I did apprehend the suspect and was heading back to the station and that his name was Akashdeep Bhatti. It was a male, around 5'11", of Indian origin, dressed in a gray sweatshirt, black sweatpants, and sporting a black beard. He appeared anxious, and he held a knife in his hand when I was entering the bar. I asked the bartender who made the call to wait at the scene as he would be questioned for a statement. Another male who witnessed the crime asked me if he could give a statement, so I asked him to wait at the scene as he would be taken in for a statement when I returned.
When arriving at the station with Akashdeep Bhatti at 00:40, I conducted a breathalyzer to see what his alcohol level was. I checked the breathalyzer device was calibrated to ensure functioning properly according to departmental procedures I explained the purpose of the Breathalyzer test and asked Akashdeep Bhatti for his cooperation. To ensure Akashdeep Bhatti has not consumed substances that could affect the accuracy of the test. I instructed him on how to properly use the breathalyzer device. I told him he needed to blow into the mouthpiece with a consistent and forceful breath for a specified duration. Akashdeep Bhatti's test came out to a 0.04, which indicated the victim has a slight "buzz," less inhibited, and alert. I asked Akashdeep Bhatti if he would like to give a statement but notified him you have the right to retain and instruct counsel without delay, you have the right to telephone any lawyer you wish, you have the right to free advice from a Legal Aid lawyer and If you're charged with an offence you may apply to the Ontario Legal Aid Plan for legal assistance. Akashdeep Bhatti said he wishes to wait for his lawyer, so I let him make a phone call at 00:50.
The Forensics team notified me that they arrived at 00:35 and began collecting evidence, including the knife that was at the crime scene for DNA analysis, fingerprints of the Suspect and securing video footage from the pub's surveillance system.
After securing the suspect Akashdeep Bhatti in the station, I returned to Madison Avenue Pub at 01:00 to speak with the bartender and another witness. I took them both back to 52 Division to collect their statements. Both witnesses gave a comprehensive account of what happened before the argument and stabbing. According to the bartender, the incident progressed from a verbal quarrel to physical assault when the suspect, who had been drinking since around 19:30, attacked the victim over a disagreement about cutting in line at the bar. The witnesses names that gave their statements are Kyle Mederios and Mcjim Ashley Cinense. I then let them go at 03:40 - 03:45.
The Victim identified as Jefferson Furtado was taken to Toronto General Hospital At 200 Elizabeth St, Toronto, ON M5G 2C4 for medical treatment.
Once the situation at the bar was under control and the scene was secured for evidence collection, along with witness statements taken, I went to Toronto General Hospital to obtain a statement from the victim Jefferson Furtado who was receiving medical attention for injuries sustained during the brawl. I arrived at the Toronto General Hospital at 04:10. After the doctors and nurses were finished with Jefferson Furtado, I wanted to get a statement from him being that the incident was still fresh in his mind. After collecting the statements I then reported back to the 52 Division station to start my paperwork at 04:55.
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