Complaint of police brutality filed following late night altercation

A Montreal man has filed a complaint with the police ethics commission and is thinking about further legal action.

The complaint concerns an incident that took place at about 3:00 A.M. outside Blvd 44, a nightclub on St-Laurent St. near Sherbrooke St., last September.

Video captured on cellphone shows officers detaining a man on the ground. From there two onlookers approach the scene.

One of the officers orders the man, 29-year-old Jason Andrade, and woman to step back. When they do not comply the officer can be seen shoving both pedestrians.

From there the situation escalates, when the officer pulls out his baton and strikes both onlookers.

"Those people were just asking questions. He didn't answer those questions, he overreacted right away by taking out his baton," defence lawyer Patrick Davis told CTV Montreal. Davis is representing one of the people involved. "Even if people have priors, it doesn't matter. They deserve the same rights, the same conduct as police officers against them."

Andrade was arrested that night and charged with obstruction of police. However when the prosecutor was shown the video of the moments prior to his arrest the charges were immediately dropped.

Montreal police did not respond to CTV's request for an interview.

Andrade is now considering a civil suit against the SPVM.