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'Ludicrous': Prosecutor questions testimony of teen in Calgary hit-and-run cop death

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Officers salute as the hearse and honour guard pass at the funeral service for Calgary Police Service Sgt. Andrew Harnett in Calgary on Jan. 9, 2021. A prosecutor suggested Wednesday a teen charged with first-degree murder in the hit-and-run death of Harnett had no reason to believe he was in danger. Harnett died in hospital on Dec. 31, 2020, after being dragged by a fleeing SUV and falling into the path of an oncoming car. THE CANADIAN PRESS/Jeff McIntosh

CALGARY — A prosecutor suggested Wednesday a teen charged with first-degree murder in the hit-and-run death of a Calgary Police Service officer had no reason to believe he was in danger. 

Sgt. Andrew Harnett died in hospital on Dec. 31, 2020, after being dragged by a fleeing SUV and falling into the path of an oncoming car. 

The alleged driver, who cannot be identified because he was 17 at the time, has testified he was scared when Harnett and another officer approached the vehicle during a traffic stop and he saw Harnett put his hand on his gun. 

But during cross-examination, Crown prosecutor Mike Ewenson played the body-camera footage of the stop. He asked the accused, who is now 19, if there was any proof Harnett was being threatening or insulting during the routine traffic stop.

"You brought up George Floyd in your direct examination. Do you remember what happened to George Floyd?" Ewenson asked. 

The accused replied: "He got pulled out of the vehicle and I think they stepped on his neck ... and he said he couldn't breathe."

Floyd was a Black man who was killed during an arrest by Minnesota police on May 25, 2020.

During testimony Tuesday, the teen testified he and his friends had discussed the Floyd case on social media.

"Let's talk about what we just saw with Sgt. Harnett if we could, because you're bringing this up at a trial that involves his death," said Ewenson. "Any abusive language from him?"

"No," the teen replied.

"Anything that was insulting to your age, your race, your ethnic background or religion," Ewenson asked.

"Not necessarily, no. Actually, I felt like I was being racialized, right? Just the fact that the door opened and the fact that he asked for my phone number. I've never been asked for my phone number."

Ewenson said any talk of the traffic stop being racist was just something the teen wanted the court to "take his word for" and there's nothing that would be considered racist from Harnett's behaviour.

"That's how I felt," the accused replied. 

The teen repeatedly told Ewenson that he wasn't sure how he ended up in the neighbourhood. He said he was following his GPS to get to a party. He also said he didn't know who the third person in the back seat of the vehicle was, who had come with a friend.

Ewenson said it's unlikely there would be memory lapses after an event that was the "most traumatic, powerful" and "consequential" night of the teen's life.

"So looking back on it, you realize the story is ludicrous? The story doesn't make sense, does it?" Ewenson asked. "Everything for you is a mindless reaction."

The suspect said at the time he panicked and just decided to take off because he was afraid. The teen said looking back, he wishes his decision had been different.

"Look, to be frank to you, I've sat for two years in jail and I've thought about this over and over and over again," he said. "It's different when I think about it now and what I was going through at the moment."

Ewenson suggested it was more likely something illegal was inside the suspect vehicle that made fleeing a simple traffic stop worth the risk.

Closing arguments in the trial are scheduled for Thursday.

This report by The Canadian Press was first published Sept. 28, 2022.

Bill Graveland, The Canadian Press