By Shurtz, Delon on December 10, 2019.
A 35-year-old man who assaulted a police officer, then led police on an early morning chase near Vulcan last year, has been sent to a federal penitentiary.
Tyrone Michael Emblau was sentenced to two years and eight months in prison, after Judge Eric Peterson found him guilty Monday of assaulting a peace officer, fleeing from police, two counts of possession of stolen property and two counts of breaching conditions of a recognizance.
On March 21 of last year Vulcan RCMP responded to a report that a snowmobile had been stolen from a location near the Village of Champion at about 5:15 a.m. Court was told during trial in October that the truck Emblau was driving, and the trailer he was towing, were also stolen.
Residents who witnessed the offence directed an officer to the area in which Emblau had fled, and after the officer pulled him over, Emblau refused to be handcuffed and fought with the officer, eventually throwing him to the ground before fleeing. Additional RCMP officers followed the truck until it became stuck in a field, but Emblau took off on the snowmobile and was chased by other officers, also on snowmobiles.
A Calgary police helicopter finally pilot spotted the snowmobile stuck in a stand of trees several kilometres from the abandoned truck and trailer, and after Emblau again refused to surrender and still tried to get away, a police dog took him to the ground. He was then taken to the hospital and treated for the dog bite and a possible concussion.
During the trial Emblau’s lawyer, Andre Ouellette, claimed his client’s Charter rights had been breached when he was arrested and charged. He said he not only believes there weren’t sufficient grounds to warrant an arrest, but police used excessive force when arresting him, then later failed to provide him in a timely fashion his right to counsel and a bail hearing.
However, Peterson ruled Monday that only Emblau’s right to timely bail was breached, and even then by only a few minutes. And while he acknowledged Emblau was subject to a “rough arrest” by being taken down by the dog and being punched by an officer, it was his own fault.
“There was no excessive force used in the circumstances,” Peterson ruled.
In addition to his prison sentence, for which Emblau was credited 156 days he had previously spent in custody, he is also prohibited from driving for two years and from possessing weapons for life.
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