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Nanaimo cop acquitted in birthday prisoner assault allegation

An RCMP officer has been acquitted of assault connected to an in-custody incident involving a drunk woman on her 19th birthday.
Nanaimo Law Courts Building
The Nanaimo Law Courts Building.

A Nanaimo RCMP officer has been acquitted of assault causing bodily harm in connection with allegations stemming from a woman’s 19th birthday arrest.

Provincial court Judge Brian Harvey said Const. Tim Mason acted reasonably and in accordance with his police training.

Harvey heard Emily Golobar had been out with friends to celebrate on Dec. 2, 2018, when those friends called police concerned about her condition.

“The concerns essentially related to Ms. Golobar being alone in the company of another male in the Extension area, which is a remote rural area of Nanaimo, whilst in an intoxicated condition,” Harvey said.

Harvey said Mason tried to find a safe place for Golobar to go due to her intoxication. She initially agreed to go with friends but then got enraged at them.

Golobar, described by the Crown as “a petite young female,” was taken to the RCMP detachment to sober up in cells.

There, her “behaviour moved beyond passive and actively resistant to being clearly assaultive,” Harvey found.

Whilst going down a narrow hallway, video evidence showed Golobar attempting to take out Mason’s feet.

As a result of the kick towards him, Mason did a careful takedown of Golobar to the ground. Golobar ended up onto her back with both hands and feet available.

Golobar began striking Mason as another officer tried to control her legs, the video showed.

The judge said Golobar denied kicking Mason and said she could not recall punching him.

Golobar testified that Mason struck her after the takedown, which caused her significant injuries, including a fractured orbital bone. 

Golobar was taken to Nanaimo Regional General Hospital for treatment of the injury. Mason’s right hand was treated at the hospital for an injury that required stitches.

Mason said Golobar she was argumentative and upset with him, her friend Harley, and other friends for having phoned the police. He testified that he was trying to de-escalate her anger and to reassure her and calm her down, as she was quite upset.

He found eight cans of beer in her purse, court documents show.

jhainsworth@glaciermedia.ca

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