Man involved in incident with former officer still looking for resolution
REGINA -- The alleged victim of an incident involving a former Regina Police officer says attempts to mediate the situation were unsuccessful and he still wants to be compensated.
Colin Magee was charged with assault in 2017 for an incident in December 2016 involving James Escamilla. Following two more assault charges against Magee, he was fired from the police service on Aug. 6.
According to the province, the crown prosecutor can refer the case to an alternative measures program after considering the interests of the victim, society and the accused. The accused must accept responsibility and alternative measures are consistent with the protection of society.
In a letter sent to Escamilla two years after the incident, Crown prosecutor William Burge says he referred the case to mediation through the Regina Alternatives Measures Program (RAMP) because Magee was willing to accept his actions and engage in the process. He went on to say the process would allow Escamilla the chance to express himself to the officer.
Escamilla’s lawyer says his client did not agree to mediation and wanted to pursue charges.
“If the prosecution wanted to drop the charges that’s their right. Whether the public thinks they should be dropping the charges, that’s another matter,” Tony Merchant, Escamilla’s lawyer said.
The letter to Escamilla went on to say RAMP declined further involvement because Escamilla had taken an adversarial position and demanded remedies not available through the criminal process.
The Criminal Code says if alternative measures are partially completed, a judge may dismiss the charge.
“Escamilla always said the criminal charges should go forward, this is just an excuse to say why they dropped the charges,” Merchant said.
Merchant says the handling of the criminal case has been curious, but a civil case continues to go forward. Escamilla says he has never received a formal apology or any compensation.
Neither Crown prosecutor William Burge or RAMP responded to CTV News Regina’s requests for comment.