Crown urges six months for suspended police officer who assaulted suspect
Suspended Calgary police officer James Othen should be jailed for twice assaulting a fleeing traffic stop suspect, a prosecutor said Thursday.
Crown lawyer Jim Stewart said Othen committed a serious breach of the trust he was given as a police officer when he assaulted Clayton Prince during a July 30, 2016, arrest.
“Unfortunately, this is not the first time a police officer is before a court for sentencing having committed an offence of violence during the course of their duty,” Stewart told provincial court Judge Margaret Keelaghan.
“An appropriate global sentence for Mr. Othen’s actions that day is six months jail,” Stewart said.
Othen was convicted in February of charges of assault causing bodily harm and assault with a weapon in connection with Prince’s arrest.
The victim had been stopped by another officer for a traffic violation and fled on foot. Other officers, including Othen, descended on the area near Glenmore Trail and Macleod Trail and took chase.
Before Othen reached Prince, another officer drew his service weapon and ordered him to the ground. Prince complied.
As Prince was prone on the ground with his hands behind his head, Othen jumped on his back with both knees before repeatedly striking him in the face.
The beginning of the assault was captured on the dashboard camera of another police cruiser before the video was turned off.
After Prince, who suffered broken ribs and a collapsed lung, was placed in a police vehicle, Othen approached him and dug his car key into the area behind his ear.
The wound later became infected.
Two other officers, Kevin Humfrey and Mike Sandalack, who also took part in Prince’s arrest were acquitted.
Both of those officers were present to watch the sentencing hearing.
Stewart said Othen should be held responsible for all of Prince’s injuries, which included wounds to his face, even if they were caused by the other officers.
“Mr. Othen’s actions trigger the response by all other members and, as a result, Mr. Othen is responsible for any of the injuries,” Stewart added.
But defence lawyer Alain Hepner argued a suspended sentence with probation would be an adequate punishment.
Hepner said the suspended constable, who has been without pay since January 2017, will in all likelihood lose his career as a result of his convictions.
The lawyer added Othen and his family, including his two daughters, have suffered because of media coverage of his case.
“This has garnered a great deal of publicity,” Hepner said.
Prince, who was not present in court, provided a victim-impact statement, which was read in by Stewart.
“I was concerned the accused might come looking for me or my family,” he wrote.
“I’m scared of cops now.” Othen, 40, also addressed the court.
“I would like you to know just how sorry I am,” he told Keelaghan.
“This event is completely out of character for me, I am not a violent man,” he said, his voice cracking with emotion.
“I would like to apologize to Mr. Prince and his family. I truly feel sick for the injuries I caused. I am so sorry.”
He, too, addressed the publicity his actions have garnered.
“All of this attention’s killing me, my children have been harassed and teased at school.”
Keelaghan will hand down her decision on Monday.