Wednesday, 23 July 2014

The Assault Charge Initiated by Gary McHale's Citizen's Arrest is Dropped - But this is Not the End of the Story

As reported in previous postings, the citizen's arrest of a Six Nations radical residing (rent free thanks to the Ontario taxpayer) at the former Douglas Creek Estates (DCE) by Gary McHale was very noteworthy. 

For myself, the most important result of this action is that with a 911 call from the site, the Ontario Provincial Police (OPP) arrived promptly, were shown a video of the incident, and the two officers proceeded to immediately arrest J "Kawaowene" G.  The officers were doing their duty (something not often seen since 2006 in Caledonia), and I would say that the whole matter came off without any hitch, in a by the numbers arrest.  JG did not go willingly, unfortunately, but the video with both visual and auditory evidence of the entire event shows that without any doubt the officers where gentle, never raised their voices, were polite - but JG was bent on making a bad situation worse with "bad behavior".  His resisting arrest and his refusal to walk to the police car are plainly going to just cause embarrassment, and yet could be used later as a pretext for something like "excessive use of force" (of which objectively, there was NONE).

In "Turtle Island News" (TIN), July 23, 2014 (p.9), is an article entitled, Assault charge from McHale incident dropped.  Here we learn that, according to the spin placed by this newspaper, the, two officers wrestled G to the ground, injuring his face, hands and elbow in the process.  That description does not at all tally with the video evidence.

The article stated that on Tuesday, in Cayuga court, a Justice of the Peace dropped the charge, because there wasn't enough evidence to proceed with a trial for assault, said G.

Alas, G's troubles were not over when he learned that, he would be facing new charges of breaching his release conditions in relation to the dropped assault charge.

G said that the breach charges stem from conditions that he keep a certain distance away from McHale after he was released on June 8.  Specifically the breach occurred at the "front gate" to DCE (the barricade) on July 5.  So Mr. G made his situation much worse simply because he could not resist being "part of the action" - despite a firm and clear order to stay away.  The new charges will be heard on August 12.  However, He may be pressing assault charges against McHale and the two OPP officers who arrested him June 8.  So in other words he wants to escalate this matter which was videotaped from every angle and paints a crystal clear picture.  I wonder if someone will counter him with charges of making a false accusation.  With his history this is not something that is a trifling matter.  In my opinion, based on what I saw and heard, the two officers should get commendations for making what has to be the most professional and gentle take down I have seen from any officer in any jurisdiction.

An article in "Two Row Times" (TRT), July 23rd, 2014 (p.10) adds some further details.  In Charges laid by McHale dropped, they report that, the Crown saw fit to file a breach of conditions against Kawaowene for being within 25 metres of McHale.  "The OPP are still terrorizing Haudenosaunee on our own land.  I have to wonder why Onkwehonwe get charged so quickly, while non-Natives do not", said Kawaowene.

It appears that Mr. G does not appreciate the nature of the laws of Canada - for example, that you are expected to obey them, or there will be consequences.  By choosing to be at the barricade and choosing to ignore the conditions or his release, Mr. G has slapped the law in the face and shows evidence of contempt - something all too familiar in interactions between Six Nations and the law - especially the boorish and unconscionably disrespectful behavior in the Court - which almost all Canadians realize "instinctively" is a place of solemnity, and one that is to be respected.  He swearing and hecking and threats seen in Court at the hearings and trials of those few Six Nations members who were arrested and brought to Court subsequent to April 2006, speak volumes.  In fact the complaint of Caledonians is that despite the overwhelming evidence of assaults even against the OPP officers, even against the ATF agents from the USA, let alone local citizens such as Sam Gaultieri who now lives with permanent brain damage, few Six Nations members have been brought to Court.  Thus when Mr. G whines about untrue events, like "Onkwehonwe" (which means the "Real People"), being singled out quickly for swift administration of justice simply does not tally with the facts.  I have news for you Mr. G, I am just as much Onkwehonwe as you are - and there are a lot more of us.  If you wish to be "special", earn it.  Also, DCE is NOT YOUR LAND, it belongs to the people of Ontario.  It was surrendered by 47 Chiefs in Council 18 December 1844.  You will need to get used to real history too, not the stuff HDI makes up - otherwise I have every "right" to come after the lands on the Reserve that my ancestors at some point in time owned.  Perhaps I will do that.

At least recently, there seems to be a more balanced approach by the OPP and charges against anyone breaking the law is much more likely to happen now than in 2006 - a fact that perhaps Mr. G is having difficulty getting used to.  Preferential treatment and two-tiered justice entitlements are something some criminals at Six Nations have come to expect - despite their disdain for the law.  Wake up, it is 2014, and we will accept nothing but one law for all - equal treatment before the law.  Get used to it, it is what is termed "true justice" that is blind to colour of skin, ethnicity, sex, religion and so on.  Any country that does not operate on these principles is somewhere back in the dim ages.


No comments:

Post a Comment