B.C. cop accused of using dog, vehicle as weapons in shoplifting arrest acquitted

Vancouver Police Department headquarters is seen in Vancouver, on Saturday, Jan. 9, 2021. THE CANADIAN PRESS/Darryl Dyck

A B.C. judge acquitted a Vancouver police officer accused of using both his vehicle and a dog as weapons.

Jonathan Kempton, a constable with the Vancouver Police Department, was found "not morally blameworthy" last week of the four charges he'd faced.

He'd been charged last year with two counts of assault with a weapon, as well as with dangerous driving and attempting to obstruct justice.

The allegations against the member of the VPD's canine unit date back to an arrest in May 2019.

According to court documents, Kempton was called in after two men stole a drill bit set from a Home Depot location. The men fled from the store on bicycles, according to an off-duty police officer and a loss prevention officer who said they witnessed the theft.

Several officers, including two police dog handlers and their dogs, were called to the scene, and one of the suspects was arrested without incident.

But the other sped off, allegedly telling the dog handlers to "go ahead and release the dog."

According to a summary from B.C. Judge Jay Solomon, that second man then threw a bag at one of the officers in an effort to get away, and that bag contained the stolen drill set.

Solomon said Kempton chased the suspect in his SUV and at one point, the vehicle and the bicycle collided, knocking suspect Christopher Ian Douglas Swain to the ground.

Swain got up as Kempton got out of the SUV and let his police dog, Jocko, out of the vehicle.

"Without warning to Mr. Swain, the accused gave the command to Jocko to apprehend by biting the suspect," the judge told the court.

Swain held out his hands as if to surrender, according to Solomon, but it was too late. The dog bit down on Swain's arm, causing him to fall to the ground.

The court heard Swain at one point appeared to try to punch or grab at the dog's face, and was dragged by the dog a short distance.

The injury caused by the bite required 19 stitches, Solomon said.

" Swain admitted that he had been arrested numerous times previously and that in his experience one indicates compliance to the police by getting to the ground in a prone position," the judge told the court.

"He explained that after being thrown off his bicycle he was dazed and confused so did not follow that process, and instead of staying down on the ground he stood up. He also advised that he had consumed heroin that day."

The judge outlined his reasoning in court but ultimately found it was "unfortunate" but "not particularly dangerous" driving that led to the collision.

"I find that the accused is not morally blameworthy in the circumstances," he said.

The judge also found the Crown failed to prove the other offences, and acquitted Kempton of all four.