Six ‘mall cops’ restrain one man after COVID violation
Newmarket Canada Dec 18 2020
It wasn’t a murder, jewelry store robbery or even shoplifting. It was merely a couple asked to leave by security enforcing provincial orders deeming the dining area off-limits for consumption.
In a free country, where people have Charter rights, was such force necessary?
“There were other people in the food court doing the same thing,” said Walker’s partner, Samantha-Lynn Johnson, in a statement sent to the Toronto Sun.
A security officer, she said, instead zoned in on them.
“Why did we get asked to leave? Because my boyfriend is Black?” she asked.
Whatever the motivation, the request by security was appropriate since this area was closed to mall patrons. But what happened in the moments following is troubling.
“I complied with the request of packing up my food,” said Johnson. “We didn’t want to cause any more problems, so we agreed to leave.” And after telling them she was 18-weeks pregnant, a “the security guard agreed to allow us to walk through the mall to our exit.”
As she videoed on her own phone, guards escorted them.
“They advised us if we didn’t leave that they were going to charge us with trespassing,” said Johnson. “But we were already complying and walking out.”
On the way out, videos show Walker, reported to be a reservist with the Canadian Armed Forces’ Queen’s Own Rifles, chirping the guards behind them.
“You have got the three f***ing stooges here,” Walker says while giggling in a video posted by YorkRegion.com. “There’s Larry, Curly and f***ing Moe.”
Her boyfriend was then “pushed and shoved,” said Johnson.
“Don’t put your hands on me, bro,” Walker is heard yelling through his mask.
At that point, a security person stated, “You are under arrest for trespassing.”
Four security officers (one who’s mask was not over his mouth and nose) then struggled to control Walker who was profanely protesting.
“They the threw him to the ground and smashed his face,” Johnson wrote. “It was six white men against one black man. This was a racial attack.”
York Regional Police took over the case. At the hospital, where Walker was treated for minor injuries, Johnson said a YRP officer told her “they were not going to charge Josh” and “that I should not let the story go unheard.”
The next day, however, Walker was charged with assault with intent to resist arrest under the Criminal Code and another allegation of violating the Trespass to Property Act.
“The security guard observed two people in the food court area eating and not wearing masks. They were asked to disperse and failed to comply,” said a statement from police. “The suspect was yelling and swearing at the security officers” and was “filming them and refusing to leave.”
YRP say “security attempted to arrest the suspect who resisted arrest and assaulted the guards during the altercation … Officers reviewed countless hours of video surveillance footage” where “investigators gained sufficient evidence to charge the accused with assault” while finding “no evidence of an offence committed by the security guards.”
