An appeal judge has upheld the acquittal of a man charged with resisting arrest in Whitehorse.
Harry Kevin Kolasch, 54, was charged after a 2016 incident in the Superstore parking lot.
He had been accused of a throwing a cheeseburger in the nearby McDonald's. The restaurant manager said Kolasch then tried to kick him as he followed Kolasch from the scene.
A police officer caught up to Kolasch in the parking lot and within seconds had taken him to the ground and knocked him unconscious with a single punch to Kolasch's head.
The officer, Const. Chris Barr, said the force was necessary.
An appeal judge has upheld the acquittal of Harry Kolsch on a resisting arrest charge after this incident outside the Whitehorse Superstore in 2016. <a href="https://t.co/kOOhjxooFX">pic.twitter.com/kOOhjxooFX</a>
—@cbcdavecroftBut the original trial judge in Yukon Territorial Court said the arrest was illegal and the force used excessive.
The public prosecution service appealed both of those rulings.
Justice Myra Bielby ruled in Yukon Supreme Court Wednesday that surveillance video of the incident supported the original judge's ruling.
There's no word yet from the prosecution service on whether it will appeal this latest ruling.