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Man wants cops charged
A man already in a legal battle to reclaim more than $20,000 he says was illegally seized during a raid on his house here in April now wants the officers involved charged.
Darrell Genaille says officers used excessive force in executing a search warrant he also says had expired by the time officers entered his 4600 Block Davis Ave. home on April 10.
“I would like the RCMP members to face the same charges as everyone. Being on the job does not give them the right to ignore laws that they are to uphold,” says Genaille in a complaint filed with the Commission for Public Complaints Against the RCMP.
In his complaint, Genaille said RCMP came in through the back door of his residence “yelling search warrant and entered with firearms drawn.”
He said both he and his girlfriend, Desiree Bolton, complied with orders to lay on the floor.
“The RCMP proceeded into the living room pointing their firearms at our children and yelling at our 15-year-old to lay down, at that point Desiree yelled that they were children, and then the male RCMP officer stepped on Desiree's back...” Genaille says in his complaint.
It adds that Bolton suffered a sore back as a result.
Genaille and Bolton were arrested and taken to the RCMP detachment.
Genaille alleges the search warrant was supposed to have been executed between 8:55 pm and 10 pm on April 10 but that officers entered at 10:10 pm, 10 minutes after it expired.
The local RCMP detachment has acknowledged Genaille's complaint and has told him it will be reviewed.
Information regarding the complaint forms part of court filings by Genaille to reclaim $21,380 in Canadian currency and $100 in American currency seized during the raid.
The filings are tied to a court action being undertaken by the provincial government's Civil Forfeiture Office to keep the money authorities believe is connected to the narcotics trade.
Terrace RCMP in a release following the April raid on Genaille's house said officers seized drugs, drug paraphernalia, weapons, cell phones, and an amount of money.
It said charge recommendations for possession of cocaine for the purpose of trafficking against a 35-year-old woman from Gitaus and a 40-year-old man from Terrace were forwarded to federal prosecutors.
Prosecutors did not approve the charges and provided no specific explanation of their decision.
Police then asked the forfeiture office to seize money. The office began a supreme court action to follow through.
The forfeiture office is a provincial agency empowered to seize assets including money, cars and houses believed to have been obtained through illegal means.
The forfeiture office has applied to the court for the money to be held by the court until it's decided whether the money will be forfeited, which is standard procedure.
Genaille has filed his response to the application, asking for the money to be returned as he says the police got it through their illegal actions.
Genaille says the money was part of a $36,000 ICBC settlement as a result of a motor vehicle accident and that it was going to be used to start a mushroom picking and selling business.
“So they're going to try to steal my money to try to make them look like they've done something in the community,” he said, adding they're treating him as if he's “guilty by association.”
Genaiile's also annoyed that people now walk by his house and say “that's where drug dealers live.”
The court date to decide whether the money will be held by the court until the case is finished is scheduled for later this month.