A Halifax police officer testified Monday he had to grab and pull a bouncer’s arm to get him to release the chokehold he had on a patron who was unconscious and limp and had turned purple during an incident outside a downtown bar nearly three years ago.
Const. Jairus Lamphier was the first witness at the trial in Nova Scotia Supreme Court of Alexander Pishori Levy, 40, a former security officer at the Halifax Alehouse bar charged with manslaughter and criminal negligence causing death in the Dec. 24, 2022, death of Ryan Sawyer.
The death raised concerns about the training and regulation of bar bouncers, with the family of Sawyer pushing for better oversight of people providing security at drinking establishments, and his mother, Lee Sawyer, speaking about the issue last week at a legislative committee.
In court Monday, Lamphier said he and his partner were dispatched to a call for a disturbance outside the bar at 1:16 a.m. They arrived quickly, and as the officer went down the street he said he saw Levy holding Sawyer on the ground in a “peculiar” position.
Both men were on their backs, with Levy underneath Sawyer. Levy’s legs were sticking out, and he had his right arm wrapped around Sawyer’s neck and his left hand behind the man’s head, Lamphier said. Levy was lying back to “reef on” him and apply more pressure, the officer said.
“As soon as I approached, I knew something was wrong,” he said. “Ryan was not moving, he was completely limp, his arms were to his sides. He wasn’t fighting back, struggling. His legs weren’t kicking.”
Lamphier said he demanded three or four times for Levy to let go, but Levy seemed “very focused” and did not appear to pay attention to the commands. The officer grabbed his arm and “he finally got the message, I guess, and let go.” The sequence lasted a matter of seconds.
Sawyer’s eyes were rolled back and his tongue was swollen and hanging out, the officer said. Once the two were separated, officers began performing CPR on Sawyer. He was taken to hospital, where he died.
Levy has pleaded not guilty. The Halifax Alehouse is now closed and the building was sold in December to a commercial real estate developer.
Lamphier was one of four officers who testified Monday. The court also heard testimony from Sawyer’s twin brother, Kyle Sawyer, who was with him the night he died.
Kyle Sawyer testified he and his brother went to a number of bars after watching an exhibition junior hockey game in Halifax.
He testified he spilt a beer on another patron at the Alehouse. There was an exchange of words, and Kyle Sawyer shoved him. Soon after, a bouncer told him to leave and escorted him to the door.
Video surveillance taken from outside the Alehouse shows Ryan Sawyer leaving the bar, with his brother following a few moments later.
Kyle Sawyer points inside and says something to Levy, who is working security at the door. Ryan Sawyer moves in to say something to Levy, and then Kyle Sawyer pushes Levy with his hand.
Bouncers move to grab both men. Kyle Sawyer testified Levy first tried to put him in a chokehold, but then a second, larger member of the bar security grabbed him and put him in a chokehold. He remembers saying “I can’t breathe.”
Kyle Sawyer testified he had consumed between eight and 10 drinks that night and was intoxicated.
He acknowledged on cross-examination from Levy’s lawyer, James Giacomantonio, that it was possible he was preparing to fight outside the bar, but said he couldn’t remember.
Kyle Sawyer was arrested by police. He was taken to Dartmouth General Hospital to be assessed for a concussion and other injuries. He was subsequently released without charge and taken by police to the Halifax Infirmary, where his brother was on life-support.
The trial continues Tuesday.
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