THUNDER BAY – Sgt. Ian West was the last of four Thunder Bay Police Service officers to testify in the trial of Staff Sgt. Michael Dimini.
Dimini was charged in Dec. 2023 for breach of trust and obstruction relating to an incident where officers were dispatched to help keep the peace at an apartment on West Frederica Street on Nov. 24, 2020.
Dimini's then father-in-law, Clody Marson, had arranged to buy back a TV that had been stolen from his storage area and posted online for sale by a user named Derek Turner.
Turner was wanted at the time on outstanding warrants.
On Thursday, West testified that he was aware of Turner's active break-and-enter warrant, as well as the break-and-enter involving the TV.
He also said he heard the drug unit was working on something and had a potential warrant in the building.
According to West, when the officers met outside the building, he saw a female, thought to be a new cadet and an older man.
While West is still unsure of the woman's identity, he said he advised his fellow officers to have a sergeant come to the scene because of a potential conflict of interest with Marson.
However, he added that he could not recall calling anyone.
Shortly after the officers arrived at the apartment and began exchanging the TV with the woman who let them in the building, West did make an observation of a man to the left of the doorway.
However, even if Turner was inside, he said a warrant would have been needed to enter.
West said he went to ask Const. Kelly Walsh for directions on how to proceed and Dimini arrived shortly afterwards.
West said that he had no knowledge a sergeant was going to attend.
He said Walsh directed him to brief Dimini and seek his direction whether to "freeze" or leave the unit.
According to West, in his practice, a freeze to preserve evidence is initially discussed with officers who will then go over the grounds for it, how it would be done and if anyone can think differently on how to proceed.
Afterwards, officers will go to the person at the door if possible to discuss the freezing, their grounds and how they must leave, he added.
However, West said Dimini only responded "OK" when asked.
When asked by Crown lawyer Vlatko Karadzic, West confirmed it was not an answer to his question.
Dimini went on to request entrance to the unit and was denied by the woman renting the apartment, West explained, resulting in Dimini raising his voice to demand to enter the apartment unit three times.
"We're coming in," said Dimini, according to West.
West said he did not recall Dimini having given any legal authority or grounds for entry and walking into the apartment.
No authority was also given to enter the unit absent consent, confirmed West, when asked by Karadzic.
West said he followed the other officers inside as gunshot holes observed in the apartment raised his safety concerns and he had previous information that officers were looking into the unit.
The incident led to the detainment of the woman, who was escorted in handcuffs and placed in another cruiser. Turner was also escorted into a cruiser by West and Walsh for break and enter.
When West said he asked Walsh about the grounds of entering the unit outside the building, he was told Dimini would articulate.
It was after West said Dimini requested him to take a man arrested for possessing the proceeds of crime and obstruction, as well as money and alleged drugs found on him, to the station that he approached Dimini.
West said that he told Dimini, not meaning any offence, that he believed he had a conflict and asked for the grounds of entering the unit.
According to West, Dimini said it was on the grounds of stealing and added that he called someone who confirmed it was OK.
When Karadzic asked West if Dimini took offence to the conflict raised between his girlfriend and father believed to be outside the building, West said he did.
During cross examination, defence lawyer Mark Ertel also questioned West regarding the occurrence report he wrote on Nov. 28, which lacked some of his conversations with Dimini.
West explained that more of these details were included in his duty report when requested to respond to Dimini's allegations.
However, he did agree that he forgot some of the things that were said during the incident.
None of the allegations against Dimini have been proven in court.
The trial will continue on Friday.
