By Carlos Miller
Twice in the last three weeks, Vancouver police shot a suspect down, then went after the photographer who captured the scene.
The latest incident occurred Sunday after police shot a suspected car thief, then confiscated the camera of Province newspaper photojournalist Jason Payne, who had photographed the bleeding suspect in the street.
Payne said he identified himself as a news photographer, but the police demanded his camera.
“They said I was obstructing justice and they were going to confiscate my camera as evidence. They ended up taking my camera from me. It was either that or be arrested,” he said.
“They were manhandling me.”
The previous incident occurred March 20 after police shot another suspected car thief , then deleted the cell phone video of Adam Smolcic, who said he caught the shooting on video.
“He saw me filming and he came up to me and he asked to see my cellphone. He had my cellphone for a few minutes, and it appeared as though he was previewing the film. He gave me back my cellphone, probably about four or five minutes after he took it, told me to get lost, and of course, I did.”
Both incidents are reminiscent of the 2007 incident in which Canadian police seized Paul Pritchard’s video camera after he filmed them tasing Polish national Robert Dziekanski to death at Vancouver International Airport.
The officers’ recollections conflict with what appears on video shot by eyewitness Paul Pritchard.
The first three Mounties have said that, after a brief interaction, Dziekanski became difficult when he tossed his hands in the air and took a few steps away. When he turned back toward the officers, Dziekanski was holding a stapler, which the officers have said made them feel threatened. That’s when Const. Kwesi Millington delivered the first Taser shock.
The weapon was used five times in all, although it’s not clear how many of those connected with the man.
Kosteckyj said the video clearly shows Robinson telling Dziekanski not to reach for his luggage and directing him to a nearby counter.
“In fact, he is obeying instructions and none of these police officers, up until now, can point to a single command that he did not obey,” he said.
Payne received his camera back an hour after it was confiscated, but the Province article makes no mention whether or not police deleted his pictures.
Smolcic said he is trying to recover the video through a data recovery specialist but no word if he has succeeded.
Smolcic’s encounter has also evolved into an investigation into whether police tampered with evidence, especially because Smolcic’s account of the shooting differs from police accounts.
But Smolcic, who began recording with his LG cellphone when the man brought out the knife, said the victim seemed ill, his hands shaking like he had Parkinson’s, and did not seem like a threat.
“He didn’t advance on them. Absolutely not.”
Smolcic said he only heard police give the man one warning before they shot him from about a 1.5-metre distance at least three times.
“They didn’t pepper-spray him. They didn’t Taser him. They just killed him,” he said. “There’s use for deadly force, for sure, but this was definitely not the case.”
And this has a Canadian columnist very skeptical because of what occurred in the Pritchard incident.
Sadly, it may be easier for the public to believe Smolcic than the police. That’s how badly the Dziekanski incident has shaken the public’s trust in the police.
So imagine how some of us in the United States feel where these types of incidents occur on a much more frequent basis.
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I am a multimedia journalist who has been fighting a lengthy legal battle after having photographed Miami police against their wishes in Feb. 2007. Please help the fight by donating to my Legal Defense Fund in the top left sidebar, which helps pay for the thousands of dollars I’ve acrued in debt since my arrest. To keep updated on the latest articles, join my networks at Facebook, Twitter and Friendfeed.
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Fernandez, as I mentioned in a 
10 responses so far ↓
1 Simon Jester // Apr 6, 2009 at 8:11 AM
They’re just preparing for the likelihood of them having to taze some innocent immigrant to death or instigate a riot with masks and rocks. Such embarrassing incidents tarnish their ‘nice’ image.
2 tony // Apr 6, 2009 at 10:37 AM
I’m wondering how well the police delete the images and video from the memory cards of cameras and cell phones? Seems like many of the files could be retrieved using some freeware.
3 Simon Jester // Apr 6, 2009 at 12:23 PM
http://majorgeeks.com/downloads38.html
I recommend EASEUS.
4 Jay R. // Apr 6, 2009 at 2:01 PM
Whether their descriptions vary or not, going by Smolcic’s description of the event he witnessed, police were very likely doing exactly what they should have.
“Sick” or not, a suspect with a deadly weapon needs to be handled with deadly force. 1.5m (4.5f) can be crossed in a split second – far less time than it takes to draw a weapon if a Tazer or pepper spray fails to take the suspect down.
I don’t condone police shootings if they’re unnecessary, but as both a photographer and trained shooter, I have to side with the police based on his description.
Though not about their deleting his video, of course.
5 Stacey // Apr 6, 2009 at 8:05 PM
This disappoints me, I always figured we Canadians were more civilized than out neighbors to the south.
For anyone interested there is a a listing of Canadian laws as they relate to photographers.
http://ambientlight.ca/laws.php
[not my site]
In very broad terms, if you are not breaking any laws you can take pictures of (almost) anything. Reasonable limits on military and security establishments do exist.
For the most part (with some exceptions) if you are out in public, there is no expectation of privacy.
There is also the Charter of Rights and Freedoms (similar to the Bill of Rights) allowing the freedom to take pictures and NOT have the police harass you.
Please have a look at the website for more details and links to the relevant Canadian laws.
“what a wonderful world” sarcasm /off
6 Mark Jackson // Apr 6, 2009 at 10:26 PM
Guys, guys guys.
Let them delete. After the incident, go back home, get a program that recovers deleted files. Just don’t take any new pictures. Remember, it only deletes the place holder and not the file itself. Whether it is on a phone, camera or a computer, if it stores, it can be recovered.
Heck, offer to delete them yourself. I am all about asserting your rights, but if we are confronting bullies, think smarter.
Also, (check your local laws) you may be able to tape record the interaction. If your state allows you to tape record, then you should always have one on you. No exceptions.
If you deal with the police, they are going to lie. The supreme court has ruled that they can lie to you and you must assume that if their lips are moving, they are lying.
Also, carry your cell phone on you. Dial 911 as soon as they approach you. It is a recorded line. Tell them that you need an officer to come out and arrest this person violating your rights. Do not let them hang up. It may be your only official account of events.
Tell them on the phone what your intentions are “I have no intentions of interfering with this officer’s duties.” Stay calm. “He is approaching me. I have taken 3 pictures of this scene. I will comply with his orders. I have no intentions of resisting. Please remain on the line so that I am protected from false accusations.”
Understand, the person on the other end is not your friend. He will not like what you are doing. You are doing this for an official account of the event and it is an emergency! This tape can be requested (be quick about it, they tend to destroy these tapes).
7 Mark Jackson // Apr 6, 2009 at 10:34 PM
My apologies, I didn’t catch that recovering files had been suggested.
8 jones // Apr 7, 2009 at 9:55 AM
This guy thinks a man with a knife standing less then five feet away is not a threat? I think even the rest of you would have to disagree with that. He is lucky he got the one warning.
9 Bran // May 7, 2009 at 2:47 AM
One note about the article rather than the events is that “Canadian Police” is not really appropriate usage. As in the U.S. there are layers of police service. While the R.C.M.P. are the national police force they also administer provincial and local service in some areas. Cities have their own police forces as in this case.
Imagine a headline reading “US police detain man for wearing shoes in Airport.”
10 Carlos Miller // May 7, 2009 at 2:52 AM
Bran,
I know what you’re saying but I mostly write for an American audience.
If I were in Canada and read US police detain man at airport, I would read the article to get more specific information.
Plus the article was referring to Vancouver cops as well as RCMP cops, hence Canadian cops.
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