A Windsor police constable took the stand Thursday morning in his own defence at an assault trial.
Const. Kent Rice pleaded not guilty in February, after an incident was caught on camera at a Windsor residence on Feb. 22 of last year.
In the video, the alleged victim, 22-year-old Gladson Chinyangwa, is seen on the floor.
Rice says he was sent to Windsor Residence on McDougall numerous times.
"In fact 10 times in the past year alone," Rice told the court.
He testified he was called to the building after a reported fight in the lobby involving five to six people. He was aware the building had video surveillance and had used it for multiple cases he investigated in the past.
Rice describes seeing the alleged victim in a heated argument with another male. When the male notices police, he apparently jumped out of the apartment window. Rice went out the window after the male and told him to go back inside. He says there was an odour of pot in the apartment.
While officers were trying to identify the people in the apartment, the alleged victim was making belligerent comments, testified Rice. He says Chinyangwa was trying to disrupt the investigation and influence others not to cooperate.
Rice says he removed the alleged victim from apartment to give him a chance to calm down and preserve the peace.
Chinyangwa allegedly stumbled going through a hallway door and fell. Rice claims Chinyangwa then said, "that's it mother (expletive), it's on."
The camera angle in the security video makes it look like Chinyangwa is lying on the ground, says Rice, but he's actually seated, propped up against the wall.
Rice says he reacted defensively when Chinyangwa made a sound as if he was going to spit on him, hitting him with an open palm in the chin.
Chinyangwa allegedly said "good luck cuffing me pig," and Rice says he was resisting arrest.
"I used a leg strike, in order to end his behaviour," Rice told the court. "It wasn't the intent to injure him. I didn't want to use force on the guy. I was just trying to gain compliance."
Chinyangwa took the stand in provincial court on Aug. 6-7.
"He walked me over to a side door. He hit me, I don't know if it was an elbow, he hit me on the back of the head and that's when I fell to the ground," Chinyangwa told the court.
Chinyangwa says Rice wanted him to reveal the last name of a friend, and told him he was under arrest. He says he felt like he was being picked on because of his race.
"I questioned about my being treated like that based on my colour," says Chinyangwa.
The alleged victim says Rice tried to cover his face when he pointed out the camera.
"I noticed the camera and I pointed at it and I said, I’m going to charge you for this."
Chinyangwa alleges Rice punched him just under his right eye and kicked him when he was on the ground. He says the injuries were not intense, but did hurt.
Rice says eventually Chinyangwa cooperated with police, giving them the name of an unknown male in the apartment.
Rice claims he and another officer felt the breach of the peace was over with Chinyangwa, so they released him without charges.