Family of man who died after assault by officer sues police, officers for $3M

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The family of Woodstock man who died after a police assault and jail stay is suing Woodstock police and two of its officers for $3 million.

Che Bosch, 47, died Nov. 10, 2022, from kidney failure and fatal sepsis caused from an assault by Const. Eric Dopf while another officer did nothing to prevent it, a statement of claim filed this month alleges.

The two officers displayed “shocking, contemptuous” and “abhorrent” behaviour, and the police department should have done a better job training and supervising them, the lawsuit alleges.

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Lawsuit statements of claim, and statements of defence filed in response, contain allegations not tested in court.

Neither of the two officers cited as defendants in the lawsuit, one of whom is not identified, nor the police department has yet filed a statement of defence.

The officers and police Chief Rod Wilkinson could not be reached for comment.

Bosch was arrested Oct. 17, 2022, after a drug bust and pursuit in Woodstock. He was detained in jail and later released on bail.

He died in hospital Nov. 10, 2022, of sepsis, a coroner’s report concluded.

A month and a half after the arrest of Bosch, and only when video surveillance surfaced, Dopf was charged with assault.

Surveillance video played in court during Dopf’s trial for assault showed that Bosch had been handcuffed and was sitting on the ground after the bust.

The video shows Dopf kicking the still-sitting Bosch four times and punching him twice in a 15-second time span.

Dopf, 47, an 18-year Woodstock police veteran, received a conditional discharge and no criminal record in March 2023 after pleading guilty to kicking and punching the handcuffed and prone Bosch.

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At trial, letters from senior Woodstock police officers praised Dopf’s clean record.

Not revealed to court were concerns expressed by a judge in a 2014 case about Dopf’s behaviour during the arrest of a suspect in another case.

The judge threw out the charges against that suspect because of those concerns and testimony from officers, including Dopf.

That case involved the arrest of Woodstock resident Robert Winmill in 2014.

Winmill was arrested and charged with resisting arrest and assaulting a police officer – Dopf.

At trial in February 2016, Winmill was acquitted of both charges because it couldn’t be proven who hit whom, the judge ruled.

“I cannot state with a requisite degree of certainty that Robert (Winmill) assaulted Const. Dopf at that moment. It is possible, as it would explain the robust police reaction,” Ontario Court Justice Edward Graham said in his ruling.

“However, it is equally plausible that Dopf pushed Robert with a fair degree of force and that the defendant reacted to an unlawful assault by actively trying to disengage from police. There is no suggestion he kneed or punched the officers.”

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The recent lawsuit, filed on behalf of Bosch’s estate and family, alleges the assault caused Bosch head trauma and pain in his ribs and kidney area.

Those kicks and strikes to his kidney increased his vulnerability to kidney failure and sepsis and were a “significant contributing cause of (his) death,” the lawsuit alleges.

Because of the kidney damage, Bosch wasn’t able to combat infection and developed a septic condition that caused his death, the lawsuit alleges.

Dopf used “excessive and unreasonable” force on a defenseless man, the statement of claim contends.

Also being sued is an unnamed officer who arrested and handcuffed Bosch before Dopf arrived.

The statement of claim alleges that officer did not prevent the attack on Bosch and put his knee against Bosch’s back to keep it upright and “facilitate the assault.”

The Woodstock police department knew, or should have known, that Dopf had used excessive force in the past and had anger management issues, the lawsuit alleges.

The police department is responsible for the training, mental health and supervision of its officers, the lawsuit maintains.

The lawsuit was filed on behalf of Bosch’s mother, sister, son and daughter, all of whom continue to suffer psychologically and emotionally, the statement of claim contends.

rrichmond@postmedia.com

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