Officer responds to suit alleging he broke man’s hand during arrest

February 01, 2021


Four months after a Kelowna man filed a lawsuit against a local RCMP officer, alleging the officer broke his hand during an arrest, the RCMP has filed a formal response refuting the allegations.

Dustin Blondin was pulled over and had his car impounded for excessive speeding in Lake Country on Sept. 11, 2020. During the stop, Blondin was arrested and his hand was fractured during the arrest.

Blondin told Castanet he’s not sure why he was arrested, but in a response filed by the Attorney General of Canada and Prommer last week, the officer says Blondin attempted to kick another officer on scene after a struggle over a table that Blondin wanted to take from his vehicle.

Prommer says Const. Marshinew told Blondin the table would not fit in the police vehicle, but Blondin “continued to wrestle with the table while shouting that the officers would need to transport it since it was their fault and he would need it for business.”

After Blondin allegedly tried to kick Const. Marshinew, Const. Prommer says he tried to arrest Blondin.

“Const. Prommer tried to handcuff the plaintiff but the plaintiff resisted,” Prommer claims. “After a brief struggle, during which the plaintiff was spinning around, flailing his arms and trying to get away from Const. Prommer, the plaintiff fell to the ground, dragging Const. Prommer and Const. Marshinew to the pavement with him.”

After Const. Prommer placed Blondin in his police vehicle, the officer says he noticed Blondin place his phone in his pocket.

“Const. Prommer attempted to take the phone away from the plaintiff, but the plaintiff wriggled away,” Prommer’s response states. “Eventually Const. Prommer held the plaintiff down by his shoulders and with Const. Marshinew’s assistance, retrieved the phone. As he did, the plaintiff bit into Const. Prommer’s arm.”

Blondin says Const. Prommer broke his hand while the officer was trying to get his phone, and he denies biting the officer.

Blondin’s lawyer Michael Patterson says his client “definitely has a different version of the events” as laid out in Prommer’s response.

“It’s before the courts and a judge will decide it,” Patterson said, adding the matter is still in its early stages.

Blondin is also facing criminal charges of obstruction, assault of a police officer and resisting arrest.

“We will be vigorously defending our client, because we believe in our client’s innocence,” Patterson said.

The Independent Investigation Office, B.C.’s civilian police watchdog, is currently investigating the incident.

Const. Prommer is also facing a second civil suit from a Kelowna woman who claims he broke her leg during an arrest in February 2018.