RCMP officer testifies in his own defence as assault trial resumes

Const. Luke Tomkinson described entering a “dynamic” situation on the morning of Feb. 15, 2020, the day he is accused of committing an on-duty assault in Arctic Bay.

The trial of the 35-year-old RCMP officer resumed in an Iqaluit courtroom Monday. He is charged with assault with a weapon and uttering threats. Tomkinson pleaded not guilty to the charges and remains on active duty in British Columbia.

The charges stem from an incident alleged to have occurred four years ago when Tomkinson and Const. Jesse Byer responded to a report of a woman overdosing.

In a video uploaded to Facebook, the officers are seen inside the home of Andrew Muckpa, attempting to arrest Ivan Oyoukuluk.

During the scuffle, Tomkinson is accused of pointing his conducted energy weapon — also known as a stun gun — at Muckpa, who is off-camera, and saying he would “get [Muckpa] right in the [expletive] face.”

Tomkinson’s trial began in October 2023, but was halted due to questions over whether use-of-force reports about the incident filed by Tomkinson were admissible as evidence.

Justice Christian Lyons told the court Monday he will allow the reports to be admitted as evidence and will provide his written reasons at a later date.

Crown prosecutor Yoni Rahamim closed his case last year.

When the trial resumed Monday afternoon, Tomkinson took the stand and was questioned by Trevor Martin, one of his two defence lawyers.

Tomkinson outlined his career with the RCMP and the training he has received on stun gun use and incident de-escalation.

He said he wanted a “change of scenery” in early 2020 and was encouraged by a mentor to apply for a relief opportunity in Nunavut. He spent much of January and February 2020 stationed in Arctic Bay.

Tomkinson said on the night in question, he knew the woman who was overdosing from previous police encounters but didn’t know the others in the house, and wasn’t expecting to see other people there.

While assisting in the arrest of Oyoukuluk, Tomkinson recalled Muckpa “rocking” on the couch about two metres away and using aggressive language, including the words “I’ll kill you.”

“The [conducted energy weapon] was the best tool in that situation,” Tomkinson said, adding he pointed it toward Muckpa’s feet, and kept its safety switch on.

As for his explicit language, “They were the first things that came to my mouth,” the officer said.

The two officers completed the arrest and brought the woman who had overdosed to the health centre.

Tomkinson filed paperwork relating to the investigation and use of force, and left Arctic Bay when his relief duty ended two days later.

Monday’s proceedings ended with Rahamim beginning his cross-examination of Tomkinson.

Rahamim suggested Tomkinson “lost it” in response to an insult from Muckpa, rather than a threat — something Tomkinson said was incorrect.

“I believe there were other death threats,” Tomkinson recalled, saying he couldn’t remember all the words he heard.

The trial resumes Tuesday in Iqaluit and is scheduled to continue all week.