Crown appeals acquittal of Edmonton man who punched officer in defence

Aug 16, 2023

Michalyshyn found that while Walker — who was berating a drive-thru employee — may have been poorly behaved, he was doing nothing that warranted a police response.

Crown prosecutors are appealing the acquittal of an Edmonton man found not guilty of assaulting a police officer, arguing the judge was wrong to find the man acted in self defence.

Richard Walker was acquitted in June after Court of King’s Bench Justice Peter Michalyshyn concluded Const. Anton Golosov was not acting in the lawful execution of his duties when he arrested Walker at a west Edmonton McDonald’s in early 2020.

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Walker gouged Golosov’s eyes and repeatedly punched him in the head after the officer slipped on the ice during the attempted take down. Golosov eventually gained the upper hand, jamming his thumbs into Walker’s eyes and landing 10 punches to his face and head.

Michalyshyn found that while Walker — who was berating a drive-thru employee — may have been poorly behaved, he was doing nothing that warranted a police response.

The judge said Golosov had no legitimate grounds to arrest Walker, who at worst “imperiously refused” his order to produce his licence and registration.

He concluded that the case came down, in part, to a citizen’s “right to be left alone.”

Prosecutors, however, are disputing the ruling.

In an appeal filed June 22, the Alberta Crown Prosecution Service said Michalyshyn was wrong to find Walker’s arrest was unlawful. It also disputes the conclusion that Walker acted in self defence.

In an earlier interview, defence lawyer Rory Ziv acknowledged that while his client may have been “acting like a jerk,” Golosov needlessly escalated the situation, which was largely resolved by the time he arrived.

“Mr. Walker will continue to defend himself vigorously against the conduct of the state,” Ziv said of the appeal.

Dates for the appeal hearing have not been set.

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