Decision in Montsion manslaughter trial expected in October

Const. Daniel Montsion's punches to Abdirahman Abdi'sheadduring a violent arrest caused the Somali-Canadian man's death, according to the Crown's closing arguments, which wrapped up Wednesday.

"The punching in the face and the head multiple punches with those gloves on accelerated Mr. Abdi's death on account of his existing conditions and events [that day]," saidCrown attorney Philip Perlmutter.

Montsion has pleaded not guilty to charges of manslaughter, aggravated assault and assault with a weapon inAbdi'sdeath on July 24, 2016in Hintonburg.

• Montsion should have known the harm his assault gloves could cause, argues Crown
• Montsion's assault gloves part of his uniform, defence argues

Montsion punched Abdi in the head numerous times outside Abdi's apartment complex while wearing assault gloves withreinforced knuckles.

When Montsionpulled up to55 Hilda St. to assist Const. Dave Weir in arresting Abdi, the 37-year-oldhad already been involved in several alleged physical confrontations at a nearby coffee shop, as well as a physical altercation withWeir who chased Abdito his residence.

'Failed to follow his training': Crown

Perlmutterargued Montsion actedrashly on arrival and didn't properly evaluate the circumstances.

"He failed to follow his training, he failed to assess [the situation] and if he'd done any or some of those things, he would not have had to resort to the punching with the gloves that ultimately, in our submission, resulted in this man's death," said Perlmutter.

"Const.Montsion should have known there was another officer close by and that should have informed his action," he said. "On that [security] videotape, he didn't stop for a second. He got out of that car, his mind was made up."

Perlmutteralso stated that, contrary to the defence's assertion, Montsion's distractionary blows were not issued to buy the officer any time and distance to arrest Abdi safely.

"He didn't use them to do either of those things," he said.

Montsion acted 'reasonably': defence

Montsion's defence lawyer, Solomon Friedman, argued thatMontsion was thrust into a dynamic and unpredictable situation and he behaved in a deliberate manner to controlAbdi who was "assaultive" and resisting arrest.

"What police officers are called upon to do is sometimes to make very difficult decisions in a very limited amount of time," saidFriedman.

"Police officers don't have to wait to be assaulted. Police officers don't have to wait for others to be assaulted. They have to act reasonably," he added.

On Tuesday, defence attorney Michael Edelson argued the Crown's submission that Montsion's punches caused Abdi's facial trauma and that the trauma was a significant contributing cause of his cardiac arrest and deathwas unsubstantiated.

"Where did Dr. Milroy ever state in his testimony, or in his report, that the facial trauma was the significant contributing cause of Mr. Abdi's cardiac arrest, which resulted in hypoxic brain injury and death?" asked Edelson.

"Nowhere does Dr. Milroy refer to that at all."

"When the distraction blows happen, there is no facial trauma. The science tells us, your honour, that [Abdi] was struck in the face on the left side. There was no injury. In other words, the blow was not harmful in that respect."

According to pathologist Dr. Christopher Milroy,Abdi had alarge bruise on the left side of his head and the facial bones around his nose were fractured.

Earlier in the trial, Milroytestifiedthat Abdi'sfacial bone fractures werebeyond what is typically associated with mere punches and he blamedthe damage onthe gloves Montsion was wearing, which had the capacity formore "localized force."

• 'Homicide by heart attack': Pathologist examines how Abdirahman Abdi died
• Abdirahman Abdi had serious heart problems before death, court hears

However, Milroy statedhecouldn't rule out the possibility that Abdi's wounds whichwere mainly concentrated on his head and face occurredwhenWeir pushed himto the ground.

Milroyalso stated thatAbdi had an underlying heart condition and that two of the main arteries in his heart were 80 per cent blocked.

He saidanumber of factors could have contributed to Abdi's death, including the physical exertion from a foot chase, the physical struggle and his facial injuries.

Justice Robert Kelly is expected to render his decision sometime in mid-October.