Santina Rao smiled, seemingly overwhelmed by the show of support.
Some 60 people were waiting for the 23-year-old black mother of two when she emerged with her father and lawyer on the steps of the Halifax provincial courthouse late Wednesday morning.
“I’m overwhelmed and shocked,” said Rao. “I had some people message me with support but I didn’t think there would be an actual …crowd of people. I’m really, really touched.”
It was Rao’s first court appearance since her violent arrest at a Halifax Walmart on Jan 15. She’s facing three charges from the incident: causing a disturbance, assault causing bodily harm to an officer, and resisting arrest.
The case was adjourned until May 12.
The two Halifax Regional Police officers who arrested Rao are being investigated by the province’s police watchdog, known as the Serious Incident Response Team. Paul Carver, chief Crown attorney for the Halifax region, is handling the case and was successful in postponing the matter until the probe is completed and he has time to examine its findings. The SIRT investigation will decide whether the officers were justified in their use of force against Rao and whether they should be charged criminally.
Rao and other members of the African Nova Scotian community are accusing the police of racially profiling her and using excessive force. Rao, who showed up to court wearing a cast on her arm, said she suffered serious injuries, including a broken wrist and concussion during her arrest.
Rao said she’s still trying to process the incident. Because of her injuries, she’s unable to look after her two children full time. Both her daughter and son were with her at the time of the altercation.
“It’s hard because my kids aren’t really with me,” Rao said outside the court with her dad and lawyer by her side. “They’re staying with my mother and father for now. My son comes back and forth but I can’t really take care of (him) right now.
“My daughter has had a really hard time adjusting so we’re hoping for the best, the best kind of outcome. More than anything it breaks my heart that she has to be apart from me for so long. We’re very, very close.”
"This is something that should never have happened, a situation where there should never have been a situation."
- Santino Rao's lawyer, Gordon Allen
Her lawyer Gordon Allen believes the altercation at Walmart ought to have never happened. He said his client ended up being cornered and needlessly humiliated by five adults: two police men, a security officer, and two Walmart employees. At the time of the confrontation Rao had already purchased around $80 worth of merchandise and was intending to pay for a couple of produce items stored in an open carriage of her son’s stroller.
“There are a lot of moving parts to this,” said Allen. “This is the first step in dealing with this and it’s about Santina. We want to make sure something good comes out of this at the end of the day. This is something that should never have happened, a situation where there should never have been a situation."
He said the police should have de-escalated the matter, but instead escalated it by asking his client for her identification and detaining her. A widely shared video showed the exchange with two police officers and a security person. Rao reacted when one of the officers reached for her arm. The officer forced her to the ground and punched her in the face while she was being restrained. One of the officers prevented Rao’s daughter from getting to her, said Allen.
"This again further escalated the situation leading to a circumstance whereby here we are today. We have a young mother who suffered a broken arm and a concussion," he said.
Ultimately, Rao wants the officers and Walmart to be held accountable for what happened to her. Allen said he’s pursuing all legal options. That includes civil action against HRP. He said Rao will likely consider making complaints under the Police act about other aspects of the officers’ conduct.
Aisha Abawajy, president of the Dalhousie Student Union, was among Rao supporters at the courthouse. She said Rao was the victim of police brutality and that the officers should be on trial, not Rao. She’s hoping that the charges against Rao are dropped.
"That’s my baby and she got attacked like a football player."
- Alvin Croxen, Santino Rao's father
“A young black mother has to go through this after being brutally assaulted at Walmart," Abawajy said. "We’re here today to stand against this and say we want justice for Santina."
Dartmouth North MLA Susan Leblanc was also among the crowd. Rao was racial profiled by police, which should never have happened, said Leblanc. She noted it happened just weeks after HRP chief Dan Kinsella made a public apology for the force's historic mistreatment of the African Nova Scotia community.
"I’m concerned that we’re here at all, in front of this courthouse today for this hearing," said Leblanc. "Clearly, apologies are important but action is more important."
Rao's dad Alvin Croxen broke down in tears talking about his daughter’s ordeal.
"That’s my baby and she got attacked like a football player," said Croxen. "But I have to wait for the process to take its course. Hopefully, it's the right course."
