Two Winnipeg Police Service officers accused of “malicious prosecution” and a “calculated” scheme to force the retirement of a supervisor say they had to report his behaviour to “ensure the safety of all officers.”
In a statement of defence filed in Court of King’s Bench May 31, patrol sergeants Adam Cheadle and Andrew Zurawsky responded to Sgt. Keith Alexander’s Jan. 19 lawsuit in which he accuses them of making up allegations that he had uttered death threats to another WPS member.
Their statement of defence says Cheadle and Zurawsky were assigned to north Winnipeg’s Hartford Avenue station in 2019 when Alexander was transferred there as well. Both defendants say Alexander had spoken to them individually about an incoming officer scheduled to be transferred to the station.
Alexander “exhibited tumultuous emotions, including palpable anger and made comments that he would violently attack the incoming officer,” the statement of defence says.
They say he continued to “exhibit erratic behaviour, outbursts, and anger and repeated his intentions to violently attack the incoming officer.”
The document filed in court said they were required to report the incidents “to ensure the safety of all officers of the Hartford station, including Alexander” and as part of their duty as police officers.
Cheadle reported their concerns to human resources, the police union and superior officers in April 2019.
The defendants were contacted by the police professional standards unit and co-operated with its investigation, the court filing shows.
On Oct. 29, 2019, Alexander was arrested by members of the unit and charged with two criminal counts of uttering threats to a police service member.
In their statement of defence, Cheadle and Zurawsky say they did not collude against Alexander and had no say or control over whether criminal or regulatory charges were laid against him.
They’ve asked the court to dismiss Alexander’s statement of claim and award them legal costs.
Alexander’s statement of claim alleged Cheadle and Zurawsky — who was elected to the board of the Winnipeg Police Association in October 2019 — were the only two witnesses to the alleged threats. Alexander has asked for unspecified punitive damages.
He is also suing Moe Sabourin, accusing the then-president of the Winnipeg Police Association of directing Alexander’s union-paid lawyer to enter into a plea deal rather than fight the charge of uttering threats.
Under the deal, the charges would be stayed in exchange for Alexander retiring from the WPS, engaging in extensive counselling, agreeing to never work again as a police officer and to have no contact with the alleged victim for two years, the court documents say.
Alexander’s statement of claim says he wasn’t made aware of the plea deal until after counsel for the Crown accepted his lawyer’s proposal in May 2020. He rejected the proposed plea deal. In February 2022, the charges were stayed by the Crown. Alexander remains a sergeant on active duty.
Alexander accuses the police association and its former president of an unfair labour practice, Sabourin’s notice of motion says. That falls within the exclusive jurisdiction of the Manitoba Labour Board, not the court, it says.
carol.sanders@freepress.mb.ca
Carol Sanders
Legislature reporter
Carol Sanders is a reporter at the Free Press legislature bureau. The former general assignment reporter and copy editor joined the paper in 1997. Read more about Carol.
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