Even after being shot with a rubber bullet that pierced his arm to the bone an entranced Oakville senior managed to hold on to a large butcher knife prompting police to use a Taser on him seconds later.

That confrontation was described in a Burlington courtroom, Wednesday, by Constable Cole Repta.

The veteran constable is testifying as a Crown witness in the trial of three of his team members on the Halton Regional Police Tactical and Rescue Unit.

Repta's team members, Constables Matthew Kohler, Joe Davis and Richard Dodds have each been charged with assault causing bodily harm, assault with a weapon and unlawfully causing bodily harm.

Kohler also faces one additional charge of assault with a weapon.

Repta was part of the four-member unit that, along with other officers, responded to an emergency call from a condominium on Marine Drive on Nov. 25, 2006.

The report stated that an elderly man with a history of Parkinson's disease was armed with two knives and acting strangely.

During the previous day's testimony Repta described how he and the team leader, Constable Matthew Kohler, crept into the Marine Drive apartment to assess the situation.

It was here that Repta said he caught sight of 79-year-old Gerry Morgan who was in the kitchen swinging a pair of butcher knives through the air, completely unaware of the officer's presence.

Morgan's wife Edna previously testified that Morgan had started a new medication for his Parkinson's disease and had been reacting badly to it.

Having seen Morgan's behaviour the tactical team officers left the apartment, but returned moments later with two additional tactical team members, Constable Richard Dodds and Joe Davis.

At this point Morgan had not committed a crime, however, based on his actions the Acting Sergeant on the scene decided he was too unstable to simply be contained.

With a ballistic shield in one hand and a pistol in the other, Repta was the first to approach the kitchen as the team moved to apprehend Morgan.

Assistant Crown Attorney Anthony Leitch asked Repta if he feared for his safety as he approached Morgan, who Repta said was still swinging the knives in a trace-like state and muttering to himself.

"I feared the male with the knives could have come to my location and stabbed me," said Repta.

"If he had moved towards you what would you have done," asked Leitch.

"I would have shot him," said Repta.

As it was Morgan made no move towards the officers, but did face them.

"His eyes looked blank to me. I don't believe he recognized us as police officers," said Repta, who noted that throughout this period the officers were yelling at Morgan to put the knives down.

Eventually Repta, said he heard Kohler call for the ARWEN (Anti Riot Weapon Enfield), which fired a rubber bullet, hitting Morgan in the arm and causing him to drop one of the knives.

Repta was surprised Morgan was able to do this given the punch the ARWEN pacts.

"He still had this blank look on his face," said Repta.

"He said nothing.

Seconds later, after Kohler again called for Morgan to put the remaining knife down, Repta said he heard Kohler call for the Taser.

Repta said the Taser hit Morgan and began its five-second cycle of electrocution causing Morgan to fall to the ground where the officers apprehended him.

Repta noted Morgan had blood coming from a wound he believed came from Morgan falling on his knife. It was later determined the blood was from the wound caused by the rubber bullet.

Morgan was taken to hospital where he was treated for his injured arm and released.

He was readmitted to hospital shortly thereafter where he died on May 4, 2007.

The Special Investigations Unit (SIU), which investigates incidents of injury or death where police are involved, found no evidence to link Morgan's death to the Nov. 25 incident, but did find sufficient grounds to charge Kohler, Dodds and Davis with numerous assault charges.

   Leitch eventually cross-examined his own witness citing inconsistencies in Repta's story.

Leitch said that in Repta's notes and in an interview given to the SIU, Repta did not mention Morgan swinging the knives in front of him, but rather describes him as banging the knives together at times.

Leitch said Repta's testimony that Morgan had the potential to injury himself because of the way he was swinging the knives, also does not appear on the officer's notepad or in the transcript of the SIU's interview.

"The swinging of the knives puts you in a position where you were ready to shoot him if he moved towards you," said Leitch.
"Is that not something that should have been in your notes?"

Repta noted a passage in his notes does exist where he describes Morgan as slashing the knives back and forth.

William MacKenzie, Kohler's lawyer, said that Repta's response was different in court because Leitch had asked him to describe Morgan's movements, whereas the SIU investigator never did.

He also said that an officer's notebook is only ment to refresh an officer's memory of an event and is not intended to itemize every detail.

Leitch continued to press Repta asking if fear of prosecution or loyalty to the other officers had shaped his testimony.

Repta denied this.

After Repta's testimony, Crown called Lino Couto to provide expert testimony in police use of force tactics.

Couto, who spend 17 years as a Toronto police officer including six in the Toronto Emergency Task force and who currently teaches at the Ontario Police College, stated the officers' use of force was inconsistent with the situation.

Couto classified Morgan as a passive resister who should not have been apprehended through the use of the ARWEN and the Taser.

"He had knives in his hands, but he was not using them as weapons at the time," said Couto.

In cross-examination the defence challenged Morgan's classification as a passive resister given that he was swinging the knives.

The cross-examination will continue today (Thursday).