The criminal justice system was not set up to deal with systemic issues, including the challenges of dealing with people like Abdi who struggle with mental illness, he said. Kelly said Montsion's actions suggested he was trying to assist his fellow officer in an arrest, according to testimony from a police training expert. Ontario Court Justice Robert Kelly delivered his verdict in the case of Montsion … In a statement, organizers of Saturday’s rally called for the officers involved in Abdi’s arrest to be put on unpaid leave, for all officers to wear body cameras, and for a review into how they deal with minorities and people in distress. Defence lawyers, meanwhile, said the constable had no choice but to engage with Abdi and that the punches were intended as "distractionary'' blows to facilitate his arrest. Jama Abdi, Abdirahram's brother, was in the courtroom. ", he felt Abdi possessed "superhuman strength", changes to the policing and justice systems in Ottawa and Ontario. Kelly also said he was not convinced that Montsion used force that was a substantial departure from what a reasonable police officer would do, or that it went beyond what's justified in the Criminal Code. Montsion's lawyers expect he'll go back to work. It was unclear whether that leave was paid or unpaid. The trial also heard he had an undisclosed mental illness and was not taking his medication at the time. "I have assured them this is far from the end of our fight," Lawrence Greenspon said, noting that a civil case has been launched and will proceed with a different standard of proof than what is required for a criminal conviction. The defence contended the gloves were a protective part of Montsion's uniform. Court has heard Abdi had a pre-existing heart condition that was exacerbated by the physical strain and emotional stress he experienced that day. Abdi lost vital signs during the confrontation and died in hospital the next day. WATCH | Abdi family lawyer says legal fight will continue: Greenspon is representing the family in a $1.5M lawsuit against the Ottawa Police Services Board, former Ottawa police chief Charles Bordeleau, and constables Montsion and Weir. Protesters chanted “Black lives matter!” as they started marching, a reference to the U.S.-founded anti-police brutality movement, which has an official chapter in Canada. During the trial, which was delayed due to the COVID-19 pandemic, court heard the incident took place shortly after police were called to a coffee shop in response to reports of a man causing a disturbance. Kelly heard from 21 witnesses and received submissions of video evidence of the final moments of Abdi's confrontation with police on the front steps of his Hintonburg apartment building, just west of downtown Ottawa. The Canadian Broadcasting Corp reported one of the officers had been taken off patrol and that the other has been on leave. Abdi, a 37-year old Black man, was killed during an altercation with Ottawa police in … Dr. Christopher Milroy, Ottawa's chief pathologist, acknowledged during cross-examination by the defence that it would be difficult to separate the effects of Weir's baton blows and pepper spray from the effects of Montsion's punches. WATCH | Lawyer for Montsion comments after verdict: "It was definitely a complex case, and it was a challenging case," said Friedman. "The family did not expect that the criminal justice system would be the way to resolve these systemic problems, including the challenges of dealing with those people who have mental health issues," said Greenspon. It is possible that those injuries came when the primary responding officer wrestled Abdi to the ground, Kelly wrote in his decision. Abdi ran away and Weir pursued him down the street, using pepper spray and striking him with his baton. Sign in or register for your free account. In rendering his verdict, Justice Robert Kelly said the Crown had failed to prove beyond a reasonable doubt that the force Montsion used during the arrest … The Ottawa Police Services Board acknowledged Tuesday that it faces "significant issues" with public confidence and accountability, noting the case added to an "already strained relationship" between the force and the community. He read part of his reasons and released a fuller, written version shortly afterwards. Ontario Court Justice Robert Kelly said he was also not convinced beyond a reasonable doubt that Const. “They murdered him! Prosecutors argued Montsion's use of force was unjustified and that there were many other actions he could have taken instead. Abdi's death has drawn national attention and led to the formation of the Justice for Abdirahman coalition, which has pushed for changes to the policing and justice systems in Ottawa and Ontario. The death of Abdi, who was Black, sparked multiple protests against systemic racism and abuse of police powers. The Crown's lawyers argued Montsion used excessive force and showed "wanton or reckless disregard" for Abdi's life and safety because he began to punch him moments after arriving on the scene. Reporting by Patrick Doyle in Ottawa; Writing and additional reporting by Ethan Lou in Toronto; Editing by Sandra Maler. While they said that justified his arrest, they argued Abdi wasn't malicious, violent or dangerous that day. Ottawa Police Constable Daniel Montsion exits the courthouse on Elgin Street in Ottawa. Montsion had pleaded not guilty to all charges. See here for a complete list of exchanges and delays. Daniel Montsion used excessive force during the July 24, 2016, confrontation that led to Abdirahman Abdi's death, or that the officer acted with a wanton disregard for Abdi's life or safety, which would be required to find him guilty through criminal negligence. "The family is devastated by the decision," said Greenspon, nodding to them coming to Canada from Somalia years before Abdi's death. That civil action, of course, is not going to be determined on the same standard as the criminal decision.". He credited Montsion with "saving his life.". Daniel Montsion has been found not guilty on charges of manslaughter, aggravated assault and assault with a weapon in the death of Abdirahman Abdi. It is impossible to say beyond a reasonable doubt whether Abdi's facial injuries were caused by the blows or by his fall to the ground, Kelly said. He declined to comment to reporters and instead asked family lawyer Lawrence Greenspon to speak on the family's behalf. Kelly delivered his verdict in an Ottawa courtroom in a hearing that was also livestreamed. Kelly's decision considered police communication records about a man who was evading the police officer on the scene, had resisted attempts at restraint and fled. He came to this country seeking freedom and safety. Defence lawyer Michael Edelson said outside the courthouse that his client is relieved at the verdict and “looking forward to getting back to work.". Montsion as a hockey enforcer who arrived on scene and immediately started flailing away without thinking.". They alleged the punches Montsion delivered while wearing reinforced gloves caused facial injuries that precipitated Abdi's death. Ottawa Police Constable Daniel Montsion is officially free of all charges related to the death of a man in Hintonburg, who was the subject of a violent arrest in 2016. Montsion arrived at the scene and, in the ensuing melee, punched Abdi several times in the head while wearing reinforced or "plated" gloves.

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