HALIFAX — A Halifax police officer is challenging his demotion after he was involved in a routine traffic stop last year that degenerated into a ugly confrontation with a P.E.I. couple headed for a medical appointment.
Const. Matthew MacGillivray, a former police sergeant, was demoted in January after a Halifax Regional Police disciplinary officer found he had used unnecessary force and engaged in discreditable conduct.
MacGillivray has launched an appeal before the Nova Scotia Police Review Board, which entered its second day of hearings Tuesday.
Insp. Lindsay Hernden, a divisional commander, told the hearing MacGillivray failed to properly communicate or use de-escalation techniques during the incident, which was partially captured on a cellphone camera.
MacGillivray has yet to testify.
In a lawsuit filed this month against Halifax Regional Police, Angela Acorn and Graham Labonte of Belle River, P.E.I., say they were en route to an appointment near Halifax last September when they say they spotted a police SUV driving erratically.
"While the plaintiffs' vehicle was passing the police vehicle, Ms. Acorn gestured to Sgt. MacGillivray (to ask) if he was OK," the lawsuit says. "Sgt. MacGillivray did not respond."
The lawsuit says the couple's vehicle was subsequently pulled over by MacGillivray, who they say was standing behind their vehicle when he started asking the driver, Labonte, a series of questions.
Labonte asked the officer to step closer and identify himself because he couldn't hear him, but MacGillivray "became loud, aggressive and started yelling at him," the lawsuit says, adding that Acorn got out of the car to determine "if the police officer was in distress."
At that point, MacGillivray told her she would be arrested if she failed to get back into the car.
"Ms. Acorn ... started walking back to the plaintiffs' vehicle when suddenly and without warning Sgt. MacGillivray grabbed Ms. Acorn from behind, pushed her over the trunk, handcuffed her and advised that she was under arrest," the lawsuit says.
The couple's statement of claim alleges that MacGillivray was careless and negligent, and that he failed to use reasonable force when he allegedly assaulted and injured both of them.
None of the allegations has been proven in court.
On Tuesday, a three-member police board panel was shown a 20-second video that features MacGillivray, in uniform, standing behind a visibly upset Acorn, whose hands are behind her back.
As the scene unfolds, MacGillivray points at Labonte, who is operating the camera, and yells, "You are both under arrest!"
Acorn then screams: "You better fucking calm down! Calm down!"
From behind the camera, Labonte yells, "I want your name."
MacGillivray says his name and rank, then pulls off his name tag and throws it in front of Acorn.
"You can have it, take it!" the officer says as he moves backward, pulling Acorn towards a guardrail.
The video ends abruptly.
At no time did Acorn or Labonte act aggressively or resist arrest, the lawsuit says. They later filed a complaint against the officer.
Hernden, in charge of officers on the Halifax peninsula, testified Tuesday that MacGillivray's actions only made matters worse.
"There were opportunities where he could have successfully de-escalated," Hernden told the hearing. "What was missed here was the opportunity to take advantage of those moments ... Instead, it escalated to the point where a firearm was almost used."
Hernden said that at one point, MacGillivray placed his hand on his holster and was in the process of releasing one of its restraints.
The P.E.I. couple did not pose a threat to the officer, Hernden said, noting that Labonte was holding his cellphone while videotaping and making a 911 call, and Acorn had already been restrained with handcuffs.
MacGillivray's only attempt at communication during the routine traffic stop was "screaming orders," Hernden said.
"This is not about something more serious, where they might bail into their car and take off," he said.
When asked about the length of time that had transpired during the incident — about 2.5 minutes — Hernden said there was more than enough time to use de-escalation techniques.
"It's a remarkable amount of time to change the outcome."
The couple's lawsuit also names MacGillivray and the Halifax Regional Municipality.
