Summary Account & Effect of the Arrest – of Kevin Charles MacKinnon.

 

The chosen manner of arrest was one of “jumping” Mr. MacKinnon at his Airdrie residence in a surprise unannounced pounce. On January 30, 1994, police posing as building maintenance, (wanting to check the thermostat), knocked on MacKinnon’s apartment door and rushed him when he freely opened the door. MacKinnon was jumped upon – dog piled – by 2 teams of 3 of the police tactical squad, followed by other plain clothed officers. No guns were drawn or shown. All officers present were in plain cloths dress – no badges or pant leg stripes, which would indicate they were officers. There were no announcements by any officers that they were police, prior to, or during the arrest. The first thing noting of this being done is after MacKinnon was subdued.

 

MacKinnon was sober and dressed in gym shorts and a T-shirt when officers entered his apartment. He was grabbed for and literally dog piled – jumped on. Startled; MacKinnon resisted the onslaught but was held to and hit several times. MacKinnon loudly called out for “help” several times, and also for “someone (to) call the police.” He was aggressed upon by police when he did so. He repeatedly called these things out, nonetheless, and drew the attention of his neighbor(s) who were rebutted by police and told to mind their own business and close their door(s). At one point, in a half standing position, an officer reached inside Kevin’s gym shorts and grabbed his testicles and pulled and squeezed them hard leaving fingernail marks. MacKinnon called out “who’s got my balls; let go of me!” At which time they were let go of and he was slammed against a door frame.

 

MacKinnon’s young daughter had been taking her nap when the arrest began. Disrupted by a stranger, she was calling out for her dad. MacKinnon saw the stranger taking his little girl from her bedding, at which time he began to really struggle to free himself to “save his daughter.” He was hit several times, put in a strangle hold(s) and thrown to the floor by several officers, repeatedly. However, MacKinnon managed to get back up several times. Still not knowing what was going on, he was still calling out for help as well as for “them” to leave his daughter alone.

 

MacKinnon was sprayed with a full canister of pepper spray towards his head. He managed to grab at the canister and it fell near his head & shoulders. He tried to cover it with his body, his arms held and officers kneeling on his back with him in a choke hold. The canister was taken up and emptied in his face; including his ears, eyes, mouth and nose. His head was slammed into the floor several times and he could feel himself being struck in the back of the head, back and shoulders. He couldn’t see or hear from this point on, but continued to struggle, it took several officers to manage to cuff MacKinnon. Kevin began to fade out, becoming non-reactive/unresponsive; he may of lost consciousness at some point, before being seen by paramedics.

 

From the arrest, there were several open wounds, abrasions and body bruising, rug burns and other skin cuts, muscle injuries and substantial hand-cuff wounds to his wrists. MacKinnon recalls he suddenly couldn’t breath, see or hear proper. He recalls trying to hear for his daughter and strongly fearing for his daughter’s safety. MacKinnon ultimately became non-reactive/unresponsive and remained in this state until some 20 to 22 hours later when he regained consciousness in a remand cell the next day.

 

MacKinnon expressed concern for his daughter and the effects of the trauma of the arrest would have had on her. The little girl was held to see most all of her dad being subdued, as it occurred essentially in front of her open bedroom door. Police refused Kevin’s wife’s worries regarding concerns for their daughter. His wife was held prior to the arrest. Police note her behavior was not typical to such a situation.

 

The arrest took approximately 20 to 25 minutes to get cuffs on MacKinnon, and an determinate amount of time was spent in trying, unsuccessfully, to communicate with MacKinnon by police, which ended prior to him regaining cognitive abilities.

 

Officers verify there was no response from MacKinnon once subdued and cuffed. However, they allege he made one comment in concerns towards his daughter and wife. He was taken to Calgary (Alberta) Police Services.

 

At no time during the arrest did MacKinnon strike any person. His struggling efforts paralleled those of a wrestler or football player; which seems to be the confines of his quite limited aggressiveness during the arrest. There is no record of violence or otherwise aggressive behavior outside of this arrest.

 

MacKinnon is a larger Caucasian male, often described as native looking. Born in 1967 (27 years old in 94). He weighed about 180 pounds – undressed – according to remand medical records. MacKinnon stands almost 6 feet, with shorter dark brown (graying) hair. Usually with some facial hair growth.

 

Reference materials for this arrest summary consist of: Medical file(s); Police Forensic Investigative file(s); several Police Notes; Criminal Record; both the Preliminary and Trial Transcripts; approx. 10 to 12 hour Police Interrogation Video(s) of MacKinnon showing him in a very unresponsive and non-reactive disposition immediately at the time of initial police involvement; Emergency Medical Service report(s); information provided by Mr. MacKinnon; and other case and file information. All source materials are corroborative to these findings in detail and on the whole.

 

From the collection of information and video, the question arises to whether or not MacKinnon could have even provided a statement at the time of initial police involvement. Given his proven state of being from the arrest onward,this gives rise to cause and concern to issues of any reliance regarding a non-statement.

 

Police confirm the non-reactive capability of MacKinnon and to the fact they had to carry/hold him up when taking him from one point to another. The earliest indication of conscious and reactive capability by Kevin is well after the initial police involvement, some 20 to 22 hours after the arrest, and hours after the police stopped trying to talk with him. (Which seemed to be only a few minutes, at each of the limited attempts.)

 

Plain clothed officers were anonymously placed in the cell with Kevin MacKinnon, and other areas on at least three occasions, and nothing substantiates or is given that MacKinnon’s cognitive well being was in any other state than concluded here. It is notable that this was not even attempted to be established at trial.

 

Police did call in Emergency Medical Service (EMS) to safeguard against having to take MacKinnon to a hospital, due to the effects of the arrest. During which time, blood samples were taken (without a warrant) and sent with hair samples already gained (also without a warrant), by police when pulling hair while manhandling MacKinnon. Forensic testing of these returned with negative results. Paramedics performed basic assessment procedures and were encouraged by Police that they did not want MacKinnon to be taken to a hospital unless critically necessary. EMS assessments indicate and supports that MacKinnon had lost complete consciousness at some point before being interrogated. Videos show him in a post-state of this and obviously withdrawn and incoherent. Police also asked paramedics to provide a psychological assessment as to why MacKinnon was not reactive and unresponsive. Untrained in this field, they could only offer physical and medical appearance opinion. However, they apparently did state they felt MacKinnon was in a “catatonic” (in a non-literal or slang sense) or related “unresponsive to stimulus” condition.

 

MacKinnon’s cognitive inabilities were likely caused from Critical Incident Stress, Stress Induced Psychosis and/or (notably) Post-Traumatic Stress Disorder. MacKinnon, suffering from these effects, would not have been able to meet any demands placed upon him, and it accounts for a great amount in this case. As, in this case, it seems omission of evidences and reliance on a non-statement led to his conviction.