THUNDER BAY — A constable with the Thunder Bay Police Service is heard telling a man he punched in the face that he should not be squaring off with a police officer.
The trial for Const. Andrew Frankow opened in a Thunder Bay courtroom on Monday, where he pleaded not guilty to one count of assault causing bodily harm.
“You picked the wrong person to fight today,” Const. Andrew Frankow is heard saying on body-worn camera footage presented by the Crown at trial. “Not the smartest decision you made today.”
The charges date back to an incident the afternoon of April 3, 2022, outside Thunder Bay City Hall. A security guard contacted police to report a group of individuals who were intoxicated and consuming alcohol inside a bus shelter.
The security guard testified on Monday that one of the individuals came toward him and wanted to fight.
“He was very aggressive and very intoxicated and he was trying to fight,” the security guard testified.
After the security guard called 911, two Thunder Bay Police officers arrived on scene, including Frankow, who had been employed for four years at the time.
Approximately 20 seconds passed from the time the officers arrived to when Frankow began interacting with one of the intoxicated individuals, whom he referred to by name.
“[Victim], what are you doing? You can’t be drinking in public,” Frankow is heard saying.
After that brief interaction inside the bus shelter, the victim is punched in the face by Frankow and falls to the ground.
The altercation was captured on video surveillance cameras at city hall and Frankow’s body-worn camera.
Following the punch, Frankow is heard saying: “you can’t be pushing back on an officer,” and then: “I saw you eat pavement. That’s going to keep you down?”
The man was transported to hospital by Superior North EMS along with Frankow. It was determined the man suffered a fractured cheek bone and bruising.
Frankow is heard saying to paramedics that he “knocked him out” and that he “shouldn’t be swinging on a cop.”
“I punched him squarely in the face. He stepped back and squared off and I drilled him before he could hit me,” Frankow is heard saying. “I don’t think he factored in that I was a police officer. They were all pushing each other around and I think he thought I was one of his buddies and squared off with me.”
The Special Investigations Unit launched an investigation following the incident and determined there were reasonable grounds to lay the assault charge against Frankow.
Frankow was suspended by the Thunder Bay Police Service prior to the SIU investigation. It said in a statement at the time that a code of conduct investigation will be launched internally following the completion of the criminal proceedings.
The Crown concluded its evidence on Monday and the defence team will meet with Frankow to discuss if they will call any evidence. The trial is scheduled for three days.
