Const. David Tucker is charged with assault in relation to a viral video of a July 31, 2023, arrest in Kamloops.

Image Credit: FACEBOOK/Twister Love

BC Prosecution Service has approved charges against a Kamloops RCMP officer relating to an arrest caught on video last summer.

The video showed Const. David Tucker in front of Kamloops city hall after he already had one man in handcuffs who was laying on his front. He turned to arrest another woman for obstructing the arrest. Once she was on her stomach, Tucker can be seen dragging her by her wrists toward a picnic table where he had left a pair of handcuffs.

"This is going viral. Very nice," the woman recording the video said as he did so.

Although it's that arrest that stirred controversy on social media at the time, with commenters debating whether Tucker's use of force was warranted, it was the woman recording the video who was allegedly assaulted. None of that was captured in the social media video that garnered thousands of views.

According to court records, Tucker is charged with assault and mischief against Tabithia Sabyan, who posted the video to social media.

She was not available for an interview at the time, but told iNFOnews.ca in a written response Tucker tried to "snap" her phone. It was briefly shown in a short video that followed the other woman's arrest.

Tucker walks in her direction and demands she get out of his way. Afterward, Sabyan said Tucker "threw" her to the ground and dropped his knee on her back as witnesses told Tucker she was pregnant. She was left with stomach pain after the incident.

It's not clear whether the July 31, 2023, arrests led to any charges for the unnamed man and woman Tucker took into custody.

READ MORE: Controversial video of Kamloops RCMP arrest going viral

Nearly a year later, it did result in charges for the RCMP officer. Tucker is facing one charge of assault and one of mischief under $5,000 both of which were laid today, July 24. He'll make his first appearance in a Kamloops courtroom, Aug. 16.

"RCMP members are subject to the same laws as all Canadian citizens. We recognize that public trust is essential for the RCMP to effectively serve and protect Canadians," Kamloops RCMP Supt. Jeff Pelley said in a written statement.

Pelley said he would not comment further while the case is before the courts.

When reached at the time, he said no charges were laid against anyone in the video, adding that only a "small portion" of the circumstances were seen.

"We are also mindful that while the Criminal Code provides the authority for police to use force in order to affect an arrest, the courts have provided that that force must be both reasonable and necessary. Without a complete understanding of the full circumstances, it would irresponsible for us to jump to any conclusion based on the context of this one piece of evidence," he said in a written statement last year.

It appeared Tucker was on the scene for some time before the recording started, but it's not clear why the first man was initially arrested or what the unnamed woman might have done to obstruct the officer.

READ MORE: Squatters frequented torched Kamloops shed

He also appeared to be the only police officer at the scene, while there were multiple witnesses at the scene in front of city hall.

Onlookers questioned why he "put hands on her" before putting her to the ground, but none of that was seen in the video. He brandished his taser, then his handgun, when he appeared to be threatened by her leashed dog.

The first video ends with Tucker escorting the woman to his police vehicle while the other man remained in handcuffs nearby.

iNFOnews.ca reached out to Sabyan to comment now that Tucker has been charged, but she did not immediately respond.

iNFOnews.ca also attempted to contact Tucker at the time but received no response.

Tucker has been on duty since the incident and will continue to be "fully operational," but his status is subject to "continuous review," BC RCMP spokesperson Staff Sgt. Kris Clark said in a written statement.

Along with the criminal charge, Tucker is being investigated internally.

"Immediately upon learning of the circumstances, a code of conduct investigation was initiated and remains ongoing," Clark said in the statement. 

Tucker's charges appear to have been the result of a Kamloops RCMP investigation, rather than the Independent Investigations Office, BC's police watchdog. Both Clark and BC Prosecution Service spokesperson Damienne Darby confirmed the watchdog would have a role in the case of "serious harm" or death. In this case, Darby said, it's a matter of simple assault.

— This story was updated with comments from Staff Sgt. Kris Clark and Damienne Darby at 3:52 p.m. Wednesday, July 24, 2024.

— This story was updated with comments from Tabithia Sabyan at 4:25 p.m. Wednesday, July 24, 2024.

— This story was updated with a statement from Supt. Jeff Pelley at 4:45 p.m. Wednesday, July 24, 2024.

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