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Woman fined for kicking cop

'That was a mule kick if I've ever seen one'

Jennifer McPhee
Northern News Services


Yellowknife (Feb 05/03) - A 50-year-old woman who kicked an RCMP officer in the leg was fined $500 in territorial court last Tuesday.

Const. Chris Pittman testified he dropped off a woman at the Yellowknife Women's Centre last August.

Upon arrival, staff told him someone was causing a disturbance inside. The court heard he found Jeannie Tobac yelling, screaming and swearing in the shelter. After trying unsuccessfully to cool her down, Pittman arrested her for mischief.

Tobac resisted arrest and the officer called for backup to put handcuffs on.

At the Yellowknife detachment, she began yelling and screaming again, Pittman said.

For safety reasons, he stood behind her and placed his hands on top of hers, which were against the wall.

That's when she delivered a swift back-kick to his leg.

Auxiliary Const. Darnell McCurdy testified to a similar version of events.

Crown attorney Shelley Tkatch played a videotape, with no sound, of the incident.

Defence lawyer Graham Watt called Pittman's injury trivial and accused him of exaggerating his pain.

When Tobac took the stand, she testified Pittman arrested her while she was trying to phone her son. She was "peeved" because it was his birthday and she couldn't see him.

Tobac testified her behaviour at the detachment was a reaction to pain. The officers were treating her roughly, she said.

Tobac said she was recovering from a cracked rib at the time and had a dislocated shoulder and arthritis.

She said she didn't intend to kick Pittman, only protect herself.

Judge Brian Bruser said he didn't buy Tobac's story. He concluded the arrest was lawful and necessary.

"They did not arrest someone who was mildly peeved," he said.

"Police did not arrest someone who was quietly drinking a cup of java and munching on a bagel."

He rejected her testimony and ruled the kick was no accident.

"She chose to behave like a mule," he said.

"That was a mule kick if I've ever seen one."