Police accused in violent arrest face lighter sentences
Three Calgary police officers charged with beating up a traffic stop suspect will face lesser maximum punishments since the Crown has elected to proceed by summary conviction.
Prosecutor Steven Johnston appeared in provincial court Wednesday on behalf of Edmonton Crown lawyer Jim Stewart and told Judge Harry Van Harten the case would proceed summarily.
On some charges, such as assault causing bodily harm, assault with a weapon and public mischief, the Crown can elect to proceed either summarily, or by indictment.
The maximum penalties for the assault charges is 10 years by indictment and 18 months for a summary conviction, while public mischief carries maximums of five years and six months.
Constables Mike Sandalack, Kevin Humfrey and James Othen each face a charge of assault causing bodily harm in connection with a July 30 incident.
Othen and Humfrey also face two charges each of public mischief, and Othen faces an additional charge of assault with a weapon, a key.
Stewart, who was not in Calgary for the brief court appearance, did not offer an explanation for proceeding in the less serious manner.
“I’m not going to discuss the exercise of my discretion,” he said when reached by phone at his Edmonton office.
“I’m charged with making decisions in the course of prosecutions with the best interests of justice in mind, and that’s what I’ve done.”
Defence lawyer Alain Hepner, who acts for Othen, said the public shouldn’t perceive the decision as the Crown treating the officers differently than other accused persons.
“I think that they dealt with them like they’d deal with any other (accused) offender and that’s what it should be,” Hepner said.
Defence counsel Willie deWit, who represents Humfrey, echoed Hepner’s comments.
“I think that’s the right way to go on this,” deWit said.
He said all parties are interested in getting the case moving forward as quickly as possible.
Because of the Crown election, the case must be heard at the provincial court level.
Indictable offences allow the accused to choose a trial at either provincial court or Court of Queen’s Bench, with or without a jury. The three officers are accused of assaulting Clayton Prince, who was pulled over for an alleged obscured licence plate.
Prince fled the traffic stop and the officers are accused of beating him during his subsequent arrest, fracturing his ribs and causing him to suffer a collapsed lung.
Othen and Humfrey are also accused of lying in their statements which led to Prince being charged with resisting a police officer and possession of marijuana, allegations which were subsequently dropped by the Crown.
All three officers are free on bail pending trial.
DeWit, Hepner and Sandalack’s lawyer, Paul Brunnen, return to court on Nov. 10, after reviewing disclosure they received Wednesday.
It’s possible they will set a trial date at that time.