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Tuesday, April 28, 2009

Cop agrees to internal hearing into stun gun allegations

April 28, 2009

Const. Mike Wasylyshen has consented to an internal disciplinary hearing into an incident nearly four years ago when he zapped a sleeping teen with a Taser, confirmed a local lawyer.

The 33-year-old son of former police Chief Bob Wasylyshen recently came to an agreement with Randy Fryingpan's lawyer to proceed with a hearing.

Both parties are now awaiting a written decision from the Law Enforcement Review Board.

"We'll be back (today) to present a new agreed statement of facts," said lawyer Erika Norheim. "Hopefully the board will like it and approve the agreement."

In October 2002, Wasylyshen and five other police officers responded to a noise complaint near Abbottsfield Road. Fryingpan, then 16, had been drinking and smoking pot with several other youths when Wasylyshen and two other officers found him passed out in the back of a car. Wasylyshen is said to have shocked him with a Taser several times. Charges against Fryingpan were dropped in February 2003 after Judge Jack Easton ruled that he had suffered cruel and unusual treatment.

In May, Crown prosecutors argued there was insufficient evidence to charge Wasylyshen.

Fryingpan's lawyer launched an appeal to the Law Enforcement Review Board in 2005.

An internal disciplinary hearing was recently ordered for a December 2005 off-duty incident involving Wasylyshen in which he punched a man on crutches on Whyte Avenue, called him a cripple and threatened to burn down the home of a security guard who came to the victim's aid.

He pleaded guilty to two counts of assault, was fined $500 and given a criminal record.

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