Report Following a Public Interest Investigation into a Chair-Initiated Complaint Respecting the Death in RCMP Custody of Mr. Robert Dziekanski

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Appendix J – Pritchard Videos

Video 1 – Prior to RCMP Involvement

Mr. Pritchard's video camera records that at 01:17:52 on October 14, 2007 (according to Mr. Pritchard's video time indicator), he saved the first video of Mr. Dziekanski. This video was taken prior to the arrival of the RCMP, but after the interchange between Mr. Dziekanski and Mr. Meltzer.

At various points in the Pritchard video, Mr. Dziekanski can be heard to make statements in Polish. The words spoken by Mr. Dziekanski were translated on October 18, 2007 by Constable Wicik, an RCMP member fluent in the Polish language.

For the purposes of the Braidwood Inquiry, however, Commission counsel had the audio portion of the Pritchard video enhanced and the Polish words spoken by Mr. Dziekanski translated by a professional translator. The translation was entered as evidence on February 2, 2009 at the Braidwood Inquiry by Mr. A. Kris Barski. Because Mr. Barski is a professional translator, his evidence was given under oath and he had the benefit of enhanced audio, I prefer the translation by Mr. Barski over that of Constable Wicik, and it is Mr. Barski's translation to which I will refer. In addition, Mr. Barski's translation was conducted in conjunction with another Polish translator, Ms. Malgorzata Jaszczewska.

Time referenced in this appendix refers to running time of the Pritchard videos, and not time of day.

As the video opens, Mr. Dziekanski can be seen standing a short distance inside the secure area of international arrivals, a short distance from the exit doors. As indicated previously, these doors are activated by motion sensors inside the secure area which cause the double glass doors to swing out so that as persons walk to exit, the doors automatically swing open. As also noted, an electronic pass card is necessary to open the doors from the public waiting area side.

A clear, glass wall separates the secure and public areas. Leading into the public area from the doors is a waist high barrier consisting of a wooden railing with a glass partition to the floor. The barrier provides a pathway for persons exiting the secure arrivals area.

Just inside the doors to the secure area, a counter can be seen stretching to the right of the doors. A sign above the counter indicates it is the "Airport Greeting Centre". On the counter sits a computer and other items, presumably the property of YVR. No YVR or CBSA employees are seen at the counter.

The video shows two green, swivel chairs blocking the point where the doors into the secure area would normally close. The chairs are seen to act as physical barriers to closing the doors, causing the doors to attempt to close, and then immediately open again because of the blockage. Mr. Dziekanski can be seen placing a small wooden table on the floor next to the chairs, presumably to further block them from closing.

Mr. Dziekanski then walks to the counter, picks up a clipboard in his right hand and walks back to the doors. He appears to be quite upset and agitated. The clipboard can be seen shaking as he holds it. He can be heard on the video to be saying some words (translated below) and can be seen and heard to be breathing heavily. He appears to also be perspiring heavily.

• At the 00:30 mark, Mr. Dziekanski says: Rozpierdole to biuro. This was translated as: I will trash this office.
• At the 00:40 mark, Mr. Dziekanski is heard to say: Spierdalajcie. Mr. Barski translated this as Fuck off.
• At the 00:57 mark of Mr. Pritchard's first video, Mr. Dziekanski can be seen to pick up the small wooden table and hold it in front of himself as if to fend off someone or something.
• At the 01:11 mark of the video Mr. Dziekanski, still holding the table in front of him, steps into the public area and speaks, apparently to the people assembled in the public waiting area. Conversation can be heard between a male and female in the public area speculating as to the language spoken by Mr. Dziekanski. They assume it to be possibly Russian and the male can be heard to say that a Russian interpreter is needed.
• Also at the 01:11 mark of the video, Mr. Dziekanski says: Rozpierdole szyby. Rozpierdole tutaj szyby. Zobaczysz. This was translated as I will smash the glass, and I will smash the glass here. And you will see.
• At the 01:34 mark, Mr. Dziekanski says: Co powiedziałaś? Ty mnie nie pozwolisz which means What did you say? You will not let me?
• At the 01:39 mark, Mr. Dziekanski says: Ty mnie nie pozwolisz?, which means You will not let me?
• At the 01:43 mark, Mr. Dziekanski says: Kurwa go mać. Oskarżę Ciebie I wszystkich, which is translated as For fuck's sake. I will sue you and everybody else.
• At 01:56 of the video, Mr. Dziekanski says: Dobra, dobra. [Nie do odszyfrowania] jesteśmy w innym kraju [Nie do odszyfrowania]. This was translated as Fine, fine [Indecipherable] we are in a different country so [Indecipherable].
• At the 02:08 mark, a woman, later identified as Ms. Sima Ashrafinia, enters the frame and, from the waiting area of the exit barrier, speaks to and attempts to calm Mr. Dziekanski. Mr. Dziekanski speaks to her, and at the 02:34 mark he moves back inside the secure area and holds the table higher, as if in a defensive posture.
• Between the 02:13 and 02:16 marks, Mr. Dziekanski says: Rozpierdolę całą szafkę. Rozpierdolę całą szafkę. [Nie do odszyfrowania] kłopotu. Which means: I will smash the entire desk. I will smash the entire desk. [Indecipherable] trouble.
• At 02:22, Mr. Dziekanski says: Dajcie mnie świety spokój. Odejdźcie mówię. This was translated as Leave me alone everybody. Go away I said.
• At 02:32 of the video, Mr. Dziekanski says: Kurwa mać." This was translated as For fuck's sake.

The video ends at the 02:56 mark.

Video 2 – Deployment of CEW

At the beginning of the second video, Mr. Dziekanski can be seen through the glass wall standing on the secure side of the international arrivals area near the computer sitting on the counter. Ms. Ashrafinia is also in frame, still attempting to calm Mr. Dziekanski. Mr. Dziekanski's luggage can be seen stacked on the floor at the end of the counter closest to the exit doors.

Mr. Barski was also asked to listen to the enhanced audio from this video and attempt to translate the words spoken by Mr. Dziekanski.

• At the 00:06 mark of the video, Mr. Dziekanski was heard to say: Jak długo już mam czekać. This means How long do I still have to wait? Mr. Barski stated that Mr. Dziekanski also said: Co mnie nie puścicie? Nie dacie mnie stąd wyjść? This was translated as So you will not let me go? You will not let me out of here?
• At the 01:06 mark of the video, Mr. Dziekanski is seen throwing the computer from the counter onto the floor. A male voice is heard to say Oh, right in front of the cops, too.
• At the 01:17 mark, Mr. Dziekanski then picks up the small wooden table and throws it against the glass wall, breaking the table.
• At the 01:25 mark, Mr. Dziekanski picks up the computer from the floor. A different male voice is heard to say: Sir, sir. Put it down... Please put it down. A reflected image in the glass of the wall shows this instruction to be from a YVR security guard (dressed in a reflective yellow jacket and later identified as Lance Rudek), who can also be seen to motion with his hands that Mr. Dziekanski should put the computer down. Mr. Dziekanski complies.
• At the 01:59 mark, a female can be heard to say: He's so scared. Just leave him.
• At the 02:02 mark, Mr. Dziekanski moves one of the two green swivel chairs from blocking the doors and takes it back to the counter area.
• At the 02:10 mark, a male voice says: Why are the police not here? We called Security and we called the police.
• At the 02:56 mark, Mr. Dziekanski approaches the exit doors (still in the secure area) causing them to open. He moves the remaining green swivel chair to his right (toward the wall) and out of the way of the doors.
• At the 03:00 mark, the camera swings almost 180 degrees from Mr. Dziekanski to the uniformed RCMP members arriving. Mr. Dziekanski can be heard to yell Policja! (the Polish word for police) twice.
• At the 03:04 mark, an unidentified male (later identified as Constable Bentley) is heard to say Got your Taser? A response of "Yup" is heard. Constable Millington later confirmed that the response came from him. Constable Millington was the only responding RCMP member equipped with a CEW that night.

As the camera pans back to Mr. Dziekanski, a brief exchange between an unidentified male and the arriving members (who continue to move toward Mr. Dziekanski) can be heard. A member says: "Where is he?" The unidentified male (later learned to be Mr. Meltzer, the limo driver) replies: "He's right inside there. He speaks Russian."

Constables Millington and Bentley were the first two to hop over the barrier wall leading to the doors to the secure area at approximately the 03:23 mark. As the members enter the secure area, a voice can be heard to say: How are you, Sir?, then: How's it going, bud?

In evidence during the Braidwood Inquiry, Constable Bentley stated that he spoke these words. Constable Rundel closely followed the first two members, but at the time Constable Bentley's comments were made he had not yet completed crossing the barrier.

At this point, the members were just inside the doors. Mr. Dziekanski was approximately one to one and a half metres inside the secure area facing the members. He appears to be speaking to the members (in Polish) and gestures with his arms. Mr. Dziekanski's comments are inaudible because of the glass wall blocking his voice and because of ambient sound in the public waiting area.

Corporal Robinson can be seen to remain on the waiting area side of the barrier for several more seconds. At the 03:31 mark, he also crosses the barrier and enters the secure area.

At that point the camera begins to swing as Mr. Pritchard moves to another vantage point, causing an obstructed view of the RCMP members interacting with Mr. Dziekanski inside the secure area. Compounding the obstruction is the reflection of lights in the glass wall.

• At the 03:37 mark, the members can be seen talking with Mr. Dziekanski who is approximately two metres inside the secure area, near his luggage. Mr. Dziekanski's arms are at his sides and his stance does not appear combative.
• At the 03:41 mark, Mr. Dziekanski throws his arms in the air and steps away from the members, toward the counter. The members follow, and use hand gestures to indicate to Mr. Dziekanski where they would like him to stand. At this point, Mr. Dziekanski is standing in front of the counter with his back to the glass wall and to the camera. The view of him and the members facing him is obstructed by the counter, which is approximately just above waist height. The members fan out in a semi-circle in front of him. The video indicates that the members were giving direction to Mr. Dziekanski and that Mr. Dziekanski was speaking to the members. His attention appears to be directed primarily to Corporal Robinson. None of the members spoke Polish and Mr. Dziekanski spoke no English.
• At the 03:43 mark, Mr. Barski testified that Mr. Dziekanski stated: Odczep się. Odczep się. Co wy zdurnieliście? [Nie do rozszyfrowania]. Mr. Barski translated this as Leave me alone. Leave me alone! Did you become stupid? Mr. Barski testified this could also mean Are you out of your mind? Why?

Mr. Barski was not positive about the last word uttered by Mr. Dziekanski, but believes it was stated.

• At the 03:45 mark, Mr. Dziekanski appears to pick something up from the counter (later determined to be a stapler) and at the 03:46 mark, Constable Bentley can be seen to take a step back from Mr. Dziekanski. Simultaneously, the other members appear to take note of something Mr. Dziekanski is holding. Corporal Robinson can be seen to withdraw his ASP baton from his holster, but not deploy it. By the 03:48 mark, the other members have taken up positions as indicated below around Mr. Dziekanski, and are approximately two metres away from him. Mr. Dziekanski can be heard speaking loudly to the members.

The video shows Constable Millington (who was the only member equipped with a CEW that night) in the nine o'clock position to the far left of Mr. Dziekanski. Next, in the 11 o'clock position, was Corporal Robinson. To Mr. Dziekanski's one o'clock position was Constable Rundel. Constable Bentley was to Mr. Dziekanski's three o'clock position.

At that point, Mr. Dziekanski is standing facing the members. His hands cannot be seen. In their statements, members indicated that Mr. Dziekanski grabbed a stapler from the counter and that they believed he was going to use it as a weapon.

• At the 03:49 mark, 26 seconds after the members make first contact with Mr. Dziekanski, the conducted energy weapon (CEW) can be heard to discharge. Constable Millington is out of frame at this time, but at the 03:51 mark he can be seen coming into frame, holding the CEW. In his statement to IHIT, Corporal Robinson said that he gave an instruction to Constable Millington to deploy the CEW simultaneous with Constable Millington deploying it on his own.

In evidence during the Braidwood Inquiry, Constable Millington said that he did not hear Corporal Robinson issue the instruction for the initial deployment. He said that he (Constable Millington) then cycled the CEW for the second time of his own volition and that he cycled the CEW for the third time on Corporal Robinson's instructions (when he heard Corporal Robinson say: Hit him again). Notwithstanding the instruction from Corporal Robinson, Constable Millington accepted that the decision to cycle the weapon was his.

Corporal Robinson testified before the Braidwood Inquiry that he verbally instructed Constable Millington to deploy the CEW initially and that the deployment of the weapon by Constable Millington was almost simultaneous with his instruction.

• At the 03:51 mark, Corporal Robinson can be seen to re-holster his still unextended ASP baton.
• Mr. Dziekanski reacts to the deployment of the CEW immediately. His arms flail up in the air and at the 03:52 mark, an object (later identified as an open stapler) can be seen in Mr. Dziekanski's right hand. Mr. Dziekanski then stumbles several steps to his right and at the 03:55 mark he falls to the floor past the end of the counter. Mr. Dziekanski can be seen through the glass wall writhing on the floor and screaming.
• At the 04:04 mark, Corporal Robinson moves in and begins to subdue Mr. Dziekanski. He is joined at 04:06 by Constable Rundel. At the 04:10 mark, Constable Bentley and Constable Millington join in. Constable Millington still has the CEW in his right hand, and his assistance is to hold Mr. Dziekanski's feet with his free (left) hand. Mr. Dziekanski continues to writhe throughout the attempts to subdue him.¹¹⁶
• At the 04:12 mark, Constable Millington stands and directs his attention to the CEW, which he holds facing Mr. Dziekanski. At 04:12/04:13 someone, likely Corporal Robinson, is heard to shout "Hit him again. Hit him again."
• At the 04:13/04:14 mark, someone (likely Constable Millington) is heard to say Got 'im. Got 'im.
• At the 04:19 mark, a YVR security guard begins to block the frame and he is joined at the 04:20 mark by another man. The two fully obscure the view. It is clear, however, that the RCMP members were attempting to restrain Mr. Dziekanski and that Mr. Dziekanski continued to struggle. According to witness statements and statements from the involved RCMP members, Mr. Dziekanski received no blows from fists, feet or batons. Neither the baton nor oleoresin capsicum (OC) spray (also known as pepper spray) was used by the members to subdue Mr. Dziekanski. The rationale behind the force used by the RCMP members against Mr. Dziekanski and its appropriateness is discussed in Appendix O of this report.

Constable Millington indicated in his statement that the contact of the CEW probes with Mr. Dziekanski was intermittent, and as a result, he could at times hear a clacking sound, indicating that electrical current was not flowing into Mr. Dziekanski as the CEW was cycled. Clearly, Mr. Dziekanski had some exposure to the electrical current as demonstrated by his reaction to the deployment of the CEW.

• At approximately the 04:23 mark, Constable Millington is seen to move around Mr. Dziekanski and insert himself with the other members close to Mr. Dziekanski. Constable Millington indicated in his statement that he administered the CEW in push stun mode to Mr. Dziekanski twice during this period. Push stun mode means that the electrodes of the CEW were held to Mr. Dziekanski's body.
• At the 04:32 mark, Corporal Robinson can be seen kneeling¹¹⁷ on Mr. Dziekanski's upper body. At this same time, a male voice (presumably a YVR employee) can be heard in the public waiting area saying: Greg, Cathay is coming through with 300 plus. What do you want to do? Presumably this is a reference to a Cathay Pacific flight from which passengers were due to exit via these doors shortly. No evidence has been located to indicate that the RCMP members were aware of any such flight, or that the presence of these Cathay Pacific passengers affected how they dealt with Mr. Dziekanski.
• By approximately the 04:55 mark, Mr. Dziekanski's struggles lessen considerably and his moans sound as though he is becoming exhausted. At this point, Constable Bentley is seen straddling and sitting on Mr. Dziekanski's thighs, Constable Rundel is near his waist attempting to handcuff Mr. Dziekanski. Corporal Robinson is hidden behind onlookers, but is believed to be near Mr. Dziekanski's head and shoulder area, controlling his upper body movements.
• At the 05:01 mark, onlookers clear and Corporal Robinson can be seen kneeling on Mr. Dziekanski's upper back/shoulder area. Mr. Dziekanski is lying on his stomach during the struggle.
• At the 05:05 mark, Constable Bentley gets up from Mr. Dziekanski's thighs and walks around to Mr. Dziekanski's head. At 05:10, he picks up his baton which he had deployed during the interaction with Mr. Dziekanski. The baton was not used during the altercation; Constable Bentley had dropped it to the floor while assisting in subduing Mr. Dziekanski.
• At the 05:17 mark, Mr. Dziekanski continues to struggle. Corporal Robinson appears to have placed a considerable amount of his weight on Mr. Dziekanski's upper body.¹¹⁸ By the 05:19 mark, it appears that Corporal Robinson's right shin and ankle are pressing down on the back of Mr. Dziekanski's neck. He remains in this position until the 05:46 mark of the video.
• At 05:31, Constable Bentley begins to collapse his baton. Corporal Robinson and Constable Rundel remain by Mr. Dziekanski, whose movement has by this time virtually stopped.
• By the 05:53 mark, the members appear to be looking at one another and exchanging words. No one appears to check Mr. Dziekanski or take any specific actions to administer first aid.

The video ends at the 05:56 mark.

Video 3 – Post-Incident

A third video was shot by Mr. Pritchard. The date stamp on the video camera indicates that it was saved at 01:31:06 on October 14, 2007.

As the video begins, Corporal Robinson and Constable Bentley can be seen kneeling beside Mr. Dziekanski, who does not move. At various points, Corporal Robinson leans over Mr. Dziekanski, as if to check for breathing. Constable Millington is rolling up electrical wires, presumably from the CEW probes. Constable Rundel is not seen in this video.

At the 00:43 mark, a male wearing a suit comes into frame and kneels to check Mr. Dziekanski's carotid pulse. The male was later determined to be Mr. Trevor Enchelmaier, YVR Aviation Security Supervisor with the private firm Securigard.

At 00:53, Mr. Dziekanski can be seen to remain handcuffed, although he appears to be unconscious. Other than monitoring Mr. Dziekanski, no identifiable first aid appears to be rendered by the RCMP members in attendance. Corporal Robinson is seen to lean over close to Mr. Dziekanski a number of times prior to the arrival of emergency medical personnel.

Subsequent to his arrest, Mr. Dziekanski appears to be lying in a prone position, but rolled somewhat onto his right side. Each of the RCMP members was wearing gloves. Corporal Robinson can be observed to remove his gloves on at least one occasion, apparently to check Mr. Dziekanski's vital signs.

The video ends at the 01:07 mark.

116 As noted, the CEW download report indicated that the weapon was cycled five times during this period (three times in probe mode and two times in push stun mode). Contact with Mr. Dziekanski was clearly made in push stun mode, but because one probe lodged in Mr. Dziekanski's shirt and given Constable Millington and other members' statements that the CEW made a "clacking" sound in probe mode (indicating that probes were not completing the circuit and current was not flowing), it is impossible to know whether Mr. Dziekanski was subjected to electrical current throughout the cycling of the CEW.

117 In his testimony before the Braidwood Inquiry, Corporal Robinson denied putting excessive pressure on Mr. Dziekanski's upper back and neck. Braidwood transcript, March 23, 2009, p. 86, March 24, pp. 53-55, March 25, pp. 63, 65-68.

118 As discussed in this report, in evidence during the Braidwood Inquiry, Corporal Robinson denied having placed an inordinate amount of weight on Mr. Dziekanski's neck area.

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