Penticton Herald

Assaulting female police officer lands 24-year-old man in prison

- By JOE FRIES

Kicking a police officer while she was down has resulted in a Penticton judge booting the attacker to jail for 45 days.

Jacob Fredrick Gudeon Holmes, 24, pleaded guilty to assaulting a police officer and resisting arrest, and was sentenced Monday in provincial court.

Court heard police were called to the Value Village store on Rosetown Avenue around 3 p.m. on April 22, 2017, after a report of a man trying to break into vehicles there.

RCMP Cpl. Laurie Rock pursued the man, later identified as Holmes, to the Granby Avenue area, where she tried to arrest him.

The two struggled as Rock tried to cuff Holmes, but he was able to break free and push the officer to the ground.

“Mr. Holmes started yelling, and as Cpl. Rock was trying to get back up, Mr. Holmes kicked Cpl. Rock in her face, calling her a ‘f-----g bitch,’” Crown counsel Andrew Vandersluy­s said in his recitation of the circumstan­ces.

Just as Rock was getting to her feet with a bloodied nose, another officer arrived and completed the arrest.

Vandersluy­s gave Holmes credit for entering guilty plea sat the earliest available opportunit­ies, but cited several serious aggravatin­g factors—not least of which was violence towards a peace officer—in suggesting a sentence of 60 to 90 days in jail.

Defence counsel Paul Varga countered with a recommenda­tion of a conditiona­l sentence of house arrest to be served in the community.

Holmes was abused as a child, plus has an alcohol addiction and “no memory of the event because he was black-out drunk by that time,” said Varga.

He urged the judge to allow Holmes to stay out of jail and continue his work as a dishwasher while he attends AA meetings and counsellin­g in an attempt to get sober.

Given the chance to address the court, Holmes said he appreciate­s the job police officers do and described his actions as “outrageous.” “I feel bad,” he said. Judge Greg Koturbash struggled with Holmes’ sentence, at first handing down 45 days to be served on weekends, but later changing it to straight time when Holmes admitted he had already breached his bail conditions by drinking.

“I’m taking into account the fact that you entered a very early guilty plea, you’re still a young person, and had a very difficult upbringing when it comes to alcohol,” said Koturbash.

“This case is very serious and could have potentiall­y warranted a longer period of incarcerat­ion, but I’m taking you at your word, sir, that you are serious about turning the ship around and getting treatment and counsellin­g.”

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