A Native woman thrown on the sidewalk, handcuffed and trapped for nearly 10 minutes by a security guard at a Saskatoon grocery store is on trial, accused of stealing a roast and some cheese.
A video of the April 14, 2021 arrest, released by an observer, sparked widespread outrage among indigenous and other leaders.
Defendant Annette Custer’s attorney, Chris Murphy, has requested that the charges of robbery and assault be applied during her detention, as well as numerous violations of her rights.
Judge Doug Agnew ruled in Saskatoon Provincial Court on Thursday that all evidence in the trial will be heard first, followed by the motion to stay the charges.
Security guard Cameron McMillan was the first witness called. The video from McMillan’s body camera was played back in court.
In the video, McMillan approaches Custer in the parking lot of the FreshCo grocery store at 33 Saskatoon Street.
Video of Custer’s arrest (WARNING: may be annoying to some viewers):
Violent altercation between indigenous women, security guard captured on video
Viewers videotaped an altercation between a Native woman and a security guard in a Saskatoon parking lot, which occurred after the guard accused the woman of theft. WARNING: This video contains images that some may find disturbing.
McMillan, who is more than six feet tall and wears a black sweatshirt, tells her to come with him. When she says no, he grabs her, throws her to the ground, and while she is lying face down on the sidewalk, he tries to handcuff her.
Only after this point, once a viewer asks to know who he is, McMillan identifies himself as “safe.”
Custer gets up, hits McMillan in the face, and gets to his vehicle. McMillan nails her inside with his knee and elbow, the handle and takes the keys. She stays trapped, screaming, for a few minutes until the police arrive.
Viewers tell McMillan to get off Custer. He declines.
“Anyone who touches me has assault charges, so stay away from me,” he says in the video.
McMillan also yells that Custer is trying to stab him with the keys.
“You’re a liar!” Custer calls and asks for help again.
Acted within the limits of the Penal Code: guard
Under the interrogation of Murphy Thursday, McMillan admitted that Custer never tried to stab him.
Custer cried loudly as the video played in court. Several members of the gallery shifted in their seats or shook their heads.
“You have her handcuffed, you have her [car] keys. You are holding it with all your body weight for a few minutes. Don’t you think that’s too much? “Murphy asked.
“I don’t think so,” McMillan replied.
Murphy asked McMillan if he was familiar with the National Survey of Missing and Murdered Indigenous Women and Girls, which documented the high levels of violence perpetrated against Indigenous women.
McMillan said he knew him, but did not consider how his actions, or lack of immediate identification, would be perceived by an Indigenous woman.
“My priority is to act within the limits of the Penal Code, and that’s what I did,” McMillan replied.
He also testified the first police officer to enter the scene. Murphy asked why Custer was not immediately informed of his rights, including the right to call a lawyer. The officer said she looked excited and waited until the situation had calmed down.
‘A lot of violence,’ Custer testified
Custer testified Thursday afternoon. She was asked to describe in detail how the violent trauma she suffered at the hands of an ex-partner, as well as the death of a young child, made her physically and emotionally damaged and unable to work.
She said she took the roast and other items because her welfare totals left her with little money to feed her family or buy gas to take her child to school.
When McMillan approached her, she said she did not identify herself until after she was forced to the ground.
“I didn’t know who he was. He was just a guy telling me to come with him,” he said.
“Then he put his hands on me. Then a lot of violence, a lot of unnecessary force. I had the feeling that he was pushing my face to the ground.”
She said she finally “surrendered” when he was kneeling on top of her in the vehicle.
“It does not stop. It continues [with his leg] between my legs. He was raping. She was wearing a skirt. His weight, his breathing, “he said.
He said it took him months to regain the feeling of one hand and that he suffered other injuries.
The trial part is over. The request for suspension of charges will be announced in August, followed by a decision by Agnew.