THUNDER BAY — A decision is expected next month in the case involving a Thunder Bay Police Service officer charged with assault causing bodily harm for punching a man in a bus shelter.
Justice David Gibson will deliver his verdict on Sept. 22 in a Thunder Bay courtroom for Const. Andrew Frankow, who pleaded not guilty to one count of assault causing bodily harm.
A two-day trial was held earlier this week with the Crown presenting body-worn camera video showing an interaction between Frankow and a 33-year-old man in a bus shelter outside city hall on the afternoon of April 3, 2022.
In the video, Frankow is seen walking into the bus shelter, addressing the man by name, and saying he can’t be drinking in public. TBnewswatch obtained the video through the court.
Warning: Some readers may find this video disturbing
Frankow is then seen taking a box of wine out of the man’s pocket and pouring it out in front of him. The man, who appears intoxicated, reaches for the wine once and his arm is pined to the wall before he pulls it away. When he reaches a second time, Frankow grabs him by the coat and punches him in the face.
The man collapses to the ground and blood can be seen on the pavement. Frankow is heard saying: “you can’t be pushing back on an officer,” and later to paramedics: “I punched him squarely in the face. He stepped back and squared off and I drilled him before he could hit me.
The man was knocked unconscious and transported to hospital where it was determined he suffered a fractured cheek bone.
During closing submissions on Tuesday, Crown attorney Vlatko Karadzic argued Frankow’s actions were an unreasonable and unjustifiable use of force against a man who was not ‘squaring off’ against him, but rather just reaching for the alcohol container.
Frankow’s defense counsel, James Foord, argued the body-worn camera footage shows the man was acting aggressively inside the bus shelter and obstructing an officer executing his duties.
The Thunder Bay Police Service said an internal code of conduct investigation will be launched following the conclusion of the legal proceedings. Frankow, who had been employed as a police officer for four years at the time of the incident, was suspended prior to the Special Investigations Unit launching its investigation that found there were enough grounds to lay the assault charge.
