Almost four years after his death, the fatality inquiry for a St. Albert man who led police on a chase through downtown Edmonton before collapsing from cardiac arrest, got under way Monday in Edmonton court.
In the first day of testimony, one of the senior police officers on scene said he had punched and kneed Mark John Milakovic several times during the arrest and then moments later was helping to administer CPR to try and resuscitate him.
Milakovic went into cardiac arrest on July 8, 2006, moments after police wrestled him from a stolen vehicle in downtown Edmonton.
Several days later Milakovic’s family decided to take him off life support.
The inquiry will look at the causes and circumstances surrounding Milakovic’s death. Judge Leo Wenden can make recommendations but is not permitted to find anyone legally responsible for the young man’s death.
In addition to inquiry counsel David Syme, a lawyer representing Edmonton police is on hand and Val Milakovic, the victim’s father, is representing his family at the hearing.
Milakovic was being pursued throughout Edmonton following a carjacking near 137 Avenue and 127 Street. Officers called off the pursuit, fearing for community safety before Milakovic was finally stopped on 102 Street, just south of Jasper Avenue.
Const. Jay Lokken, a temporary acting sergeant at the time, was the officer who first approached Milakovic after he was forced to come to a stop during the chase.
Lokken said when he first stepped toward the vehicle he was afraid Milakovic might have a weapon and kept demanding the man keep his hands up.
“I was so transfixed on his hands. I was just watching them.”
He said when officers opened the car door, Milakovic first appeared to pull back, then lunged forward and Lokken punched him in the face.
Lokken said after Milakovic was pulled from the car he continued resisting. Lokken hit him four times with an open palm and then hit him with his knee several times until Milakovic was finally handcuffed.
While still on the ground in handcuffs, Milakovic stopped breathing and Lokken, along with another officer, started performing CPR.
Val Milakovic cross-examined Lokken and suggested he had hit his son with his gun and not with his fist, a claim Lokken firmly rejected.
“I don’t strike people with my gun. I never have, I never will.”
Outside court, Val said he was frustrated it had taken so long to get an inquiry under way, but he still hoped the truth would come forward.
“I believe in justice. The system works slow but sooner or later it is going to come to some decent conclusion.”
All of the witnesses who appeared on Monday had trouble recalling aspects of the incident. Val said he is frustrated because those details are significant.
“There are some very important facts about everybody’s actions that they cannot recall.”
He said he just wants to understand what happened to his son.
“My son had an altercation with them and never came home. That is all I know.”
The inquiry will continue to hear from witness throughout the remainder of this week and next.
