11/20/2013 02:00 EST | Updated 01/25/2014 04:01 EST

Const. Chad McRae, Cold Lake Mountie, Charged With Assault Over Richard Claybert Arrest (VIDEO)


COLD LAKE, Alta. - A Mountie posted to a community in northeastern Alberta has been charged with assault.

RCMP say Const. Chad McRae of the Cold Lake detachment was charged over an arrest made on Sept. 21, 2012.

A video of an arrest in the Cold Lake area taken at the time shows a Mountie kicking a handcuffed man in the face.

The video of Richard Claybert, who is hearing impaired, was uploaded to YouTube.

At the time RCMP said the video didn't show that the giant of a man was drunk and had been taunting officers and flexing his muscles for a fight.

Police say McRae remains on duty and is to appear in Cold Lake provincial court on Jan. 8.

RCMP said in 2012 that Claybert repeatedly refused to leave a rowdy party and, when told he was under arrest, wouldn't get down on the ground.

Officers struck him in the leg with a baton but he didn't flinch.

After officers doused him with pepper spray, Claybert voluntarily got down on the ground on his stomach.

RCMP said officers had to use two sets of handcuffs on the 300-pound man.

At the time police called the kick a "stun technique."

Claybert was taken into custody and released a few hours later.

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