The police violence case at Kongsberg: – Chaotic and violent

The police officer begins his explanation by describing the incident that led to him being charged with violence, which according to him was “incredibly chaotic and violent”.

– It was very violent compared to what I have experienced before. I also feel that during this assignment I worked without sufficient assistance from my colleagues, he says.

The policeman was acquitted on all counts after the much-discussed violent incident at Kongsberg in the autumn of 2022. He was charged with two cases of gross bodily harm against Kevin Simensen and Kristian Teigen, as well as gross negligent misconduct.

He still denies guilt.

Read all the cases about the police violence case here.

Still denies guilt

– Changed immediately

The police officer says that, until the evening in question, he had never used pepper spray or a baton on duty.

One of the questions the Court of Appeal must decide on is whether the police officer’s use of force was proportionate to the situation – or whether he went up the so-called pyramid of power too quickly.

– I have to comply with the Police Act, me too, and shall only use force when it is necessary, justifiable and proportionate, says the police officer from the witness box.

He and his colleague were parked at the petrol station when the security guard came towards them. Then Simensen and his friend, Marius Stormo, came shortly after.

– Immediately the mood changes to become aggressive and fierce between Simensen, Stormo and the security guard. I tell my mate we’re getting out of the car, because this was going to escalate – and hoped that would prevent it.

– Didn’t want to escalate the situation

The police officer then sees that the guard is gesticulating something which he perceives as a sign that he has received threats.

– As you can see in the video, I am conscious in my hallway so as not to escalate the situation further. I walk slowly to gather as much information as possible about the event.

The police officer perceives Simensen as the most aggressive, and therefore chooses to focus on him.

– I think I have to get him away, to find out what has happened and who he is. It’s the night of Sunday and there’s a high probability that he’s under the influence, so “hey, you’re coming with me over here” won’t work. It is important for me to be clear about what I want, he says.

– What was ampere? asks the judge.

– Use of voice, and he stood close to me. You can see that he is standing with his hands in his pockets, and we are taught that – invisible hands are dangerous hands. We must have control of our hands when we have to talk to and gain control of someone. I don’t remember exactly what was said, replies the police officer.

Attacking the Attorney General’s appeal

– Correct assessments

He then says that a colleague stood between the security guard and Simensen, but that he was wearing neither an equipment belt nor a safety vest, which the defendant says he expects from police officers on duty.

When the defendant police officer took hold of Simensen, he immediately turned away, according to the defendant.

– Then he takes a step backwards, and I fear that he would evade and run away from us. He had aggressive behaviour, was outspoken towards the police and may have threatened a security guard. If I had let him run, I would have run after him. Being alone with the perpetrator, cut off from other colleagues, can be dangerous.

As a result of the police officer’s assessments at the scene, in combination with what he now knows, he says that he feels that he made the right assessments.

– I don’t remember what happened, other than that there was a fierce resistance that I haven’t experienced in a long time. I experience great resistance and that I am about to lose. I don’t feel my colleagues are there to help me, which makes me fear getting hurt. I have to use the means of power I have available to get an opportunity to gain control, he says.

As a result of the time it would take to draw pepper spray or a baton, the police officer says he realized he could only use kicks or punches.

– When I came to the conclusion that it is a stroke I want to use, I think Simensen had a big bubble jacket. Striking large muscles would have no effect. That’s why I have to hit the head, he says.

– Was beaten first

According to him, you can also see that Simensen hit him before he hit him himself, and that he contacted the Bureau of Police Affairs about this. He did not receive any feedback on this, he explains.

– So before you started the stroke series, was there a stroke from Simensen first?

– Yes that is correct. I had a feeling after this, that I had probably been beaten by Simensen first, he says.

The police officer also says that he had a red mark over his eye afterwards, which is documented by a photo. After analyzing the surveillance video further, he has found the sequence that shows Simensen hitting him, he says.

– I hit a lot of punches, but none of the punches have any effect. Simensen fought back. He must choose for himself when he wants to give up, and could have kept calm and said he was giving up. But as you can see in the video, he crawls around.

Eventually, the police officer takes out the pepper spray and uses it against one of the people involved. According to him, Simensen then hit a colleague of his, whereupon he sprayed Simensen with pepper spray.

– It has no effect. After that, my box is empty. I’m working on getting help over connections, he says.

– He still starts kicking, and kicks us in the head. I don’t remember this, but I do remember the violent resistance. I realize we’re losing control again, that he’s about to break free, and I fear harm to ourselves if we lose control.

– He attacks me

He then uses the baton, and beats Simensen after he got out of the police’s grasp.

– I hit the thigh, but it has no effect. Simensen attacks me, and I realize that I have to strike again. I then hit the upper arm, but realized afterwards that I hit the ribs instead, he says and continues:

– I have beaten Simensen with two baton blows, clenched fist blows, attempted pepper spray and arrest techniques. But nothing has an effect and he attacks me.

Heidi Reisvang and John Christian Elden are defending the policeman. He did not want to make a statement ahead of the case, but the defenders had the following comment:

“The case was thoroughly dealt with in the district court last time. We cannot see that significant new evidence has emerged from the prosecution after the acquittals. We therefore look at the case in the same way now as in the district court,” wrote Reisvang in an email to Dagbladet.