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A judge has ruled that two Vancouver police officers were reckless in their use of force during a Wellness check in March 2016.
Const. Eric Ludeman and Const. Neil Logan responded to a phone call to Vladamir Tchaikoun’s home on March 13, 2016. Tchaikoun said he was severely beaten by officers when they forcibly entered his home.
Police said they were called because of a possible attack on the family, giving them a legal obligation to enter the home and make sure everyone is okay.
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Police Complaints Commissioner Judge Carol Baird Ellan handed down her ruling Thursday, saying the illegal entry allegations were proven against Ludeman because, during a wellness check, there is no basis or authority for forced entry unless there are signs that someone is at risk and has need immediate help.
“The actions of Konst. “Ludeman… are indicative of a knightly willingness to physically intervene as a shortcut to other reasonably available investigative options,” Ellan told a public hearing.
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She added that any action taken by officers after gaining entry is a reckless use of force. At any moment, they could have used their words, or they could have removed themselves when they knew the woman was not in danger.
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The allegations of illegal entry against Logan were not substantiated, as Ellan said he entered the house only after a fight between Tchaikoun and his partner had already begun.
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Logan was found to have used a reckless use of force against Tchaikoun’s wife and son when they approached Logan during the incident and he told them to “stand back” and hit them.
Again, Ellan said he did not use alternative measures to resolve the situation.
The sentences for Ludeman and Logan have yet to be determined.
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© 2021 Global News, a division of Corus Entertainment Inc.
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