Ottawa Cop Found Not Guilty of Manslaughter in Death Of Black Man

This story has been updated to include comment from Abdi’s family’s lawyer, the Ontario NDP, and the Ottawa Police Association

Ottawa police Const. Daniel Montsion has been found not guilty of manslaughter in the death of Abdirahman Abdi, a Black man with mental health issues who died during a violent arrest in July 2016.

Montsion was also found not guilty of aggravated assault and assault with a weapon.

Ontario Court Justice Robert Kelly delivered the verdict Tuesday morning.

Kelly said the verdict hinged on the Crown showing that Montsion’s conduct was unlawful or criminally negligent, and that he caused Abdi’s nasal injuries and death beyond a reasonable doubt.

He said that while he thinks it’s likely one of Montsion’s punches caused Abdi’s nasal injuries, he has a reasonable doubt.

"After considering the medical and non-medical evidence as a whole, I am left with a statement of reasonable doubt about whether Cont. Montsion's acts caused Mr. Abdi's death,” Kelly said.

He said he had a reasonable doubt as to whether Montsion’s conduct went beyond a “reasonable police response.”

Abdi, a member of Ottawa’s Somali community, died in July 2016 after he was arrested in Ottawa’s Hintonburg neighbourhood. He was 37 years old.

The court heard that his official cause of death was a hypoxic brain injury following a heart attack.

The Crown argued Montsion’s punches to his face contributed to the brain injury.

At the time of the arrest, witnesses told VICE News police used excessive force during the arrest, beating and punching Abdi repeatedly as he was running away from them. One witnesses said Montsion, who was wearing “reinforced gloves”, punched Abdi at least a dozen times.

The Crown argued the gloves constituted a weapon, while the defence said the gloves were used for protection and are not a weapon.

Videos taken at the scene showed Abdi laying on the ground motionless, waiting several minutes before he was given CPR.

Abdi was arrested after Ottawa police received a call that a man had groped a woman at a Bridgehead cafe.

According to court testimony reported by the Ottawa Citizen, Abdi was rambling and shaking hands with random people the day he was arrested. One woman testified Abdi grabbed her breast through a car window. Michael Rowe, another witness, testified he saw Abdi pin a woman to a bench and grab a mother by the arm.

People at the cafe called 911 to report multiple sexual assaults.

Psychiatrist Darren Courtney testified that he engaged Abdi in conversation and Abdi repeated the phrase “Keeping the peace, keeping the peace” while Courtney was on a call with police.

Courtney testified that Abdi stopped complying when Ottawa Const. Dave Weir showed up and tried to handcuff him.

Weir kicked him, Courtney said, but Abdi got back up after falling and continued to run away.

Another witness saw Abdi running across Somerset Square Park with a 30-pound construction block over his head.

As Abdi made his way to 55 Hilda Street, where he lived, a witness said Weir caught up to him and shoved him from behind. Then Montsion pulled up in a car.

Wendy Dunford testified that Montsion punched Abdi up to 10 times, including in the face. Inside his building’s lobby, his mother and others watched what was happening but weren’t allowed to go outside to help.

Another witness said she “didn’t see anyone doing CPR until the ambulance arrived.”

He was taken to hospital and pronounced dead the next day.

In March 2017, Ontario’s Special Investigations Unit, which investigates when police seriously injure or kill someone, laid charges against Montsion.

He pleaded not guilty.

The case highlighted a distrust of police within Ottawa’s Black communities and led to the formation of the Justice for Abdirahman Coalition, a group that advocates for policing reform.

Speaking to journalists, Lawrence Greenspan, the lawyer for Abdi’s family, said the family is “devastated by the decision.” 

“Abdirahman Abdi came from a country of civil war. He came to this country seeking freedom and safety. Before July 26, 2016, he had never had a scratch on his body,” Greenspan said. 

He said the family wasn’t expecting a resolution through the criminal justice system. 

In a joint statement, Ontario’s NDP leader Andrea Horwath, the province’s NDP Black Caucus, and NDP MPP for Ottawa Centre Joel Harden called for police reform. 

They said “alternative first responders” trained in de-escalation should answer mental health calls instead of police. They also said police should be demilitarized “by diverting spending on military-grade hardware, including tear gas and assault rifles, into community service.” 

“Shamefully, Mr. Abdi’s killing and the verdict today are not isolated incidents. They are part of a centuries old pattern of deadly and systemic injustice in Ontario and Canada that continues to this day,” the statement said. 

After Montsion was charged, Ottawa police officers wore wristbands in support of him that said “united we stand” and “divided we fall” along with his badge number, CBC News reported. 

Matt Skof, president of the Ottawa Police Association, which represents all officers, said it was “ inappropriate” to suggest how Abdi was treated had anything to do with race.

In response to the verdict, Skof sent out a letter to Ottawa police members calling for them to “Stand with Dan.” 

“When you experience difficult, even extreme calls, it sometimes seems that you are left to stand on your own in the aftermath,” he said. 

Skof also said the Ottawa Police Association is “truly sorry for the loss of Abdirahman Abdi and we realize that many people in the community are deeply feeling his loss.” 

In an audio recording that surfaced this summer, Skof is allegedly heard referring to a member of the Justice for Abdirahman coalition as a “fucking cunt.”

When Peter Sloly, the city’s first Black police chief, penned an op-ed acknowledging systemic racism is an issue in policing, Skof said he had “failed the leadership test.” 

Ottawa police are again under investigation for their handling of an arrest earlier this month that resulted in a Black man dying after jumping from his apartment window.

Anthony Aust, 23, was at home with his family when 12 officers busted into his apartment without first announcing themselves and threw a flash grenade, their rifles raised in the air.

Aust’s elderly grandmother and stepfather, both of whom have health issues, were home at the time, along with his 12-year-old brother and girlfriend.

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