Hamilton officer guilty of assault

Police pack court in support of spat-on Const. Kudo Park

A HAMILTON POLICE constable who punched a handcuffed man during an arrest two years ago has been found guilty of assault — with the judge calling two of the punches “retribution” for being spat on.

Ontario Court Justice Robert Gee said Wednesday he did not believe the explanation of Const. Kudo Park, who testified the punches were to distract the man from assaulting him or other officers.

Rather, he agreed with the prosecution that the officer “was upset and lost control,” and that punches were “payback” for being spat in the face and mouth during the April 17, 2015 encounter.

Gee said it’s likely, but not proven, that the punches caused the victim, Thomas Schonberger, to suffer a fractured right cheek bone.

An “out of control” Schonberger, who has schizophrenia and was drunk at the time, was seen smacking his face on the Plexiglas barrier in the back of the police cruiser. His injures were not discovered until the next day.

Gee found Park not guilty of assault causing bodily harm, but guilty of the lesser included offence of assault.

The courtroom was packed Wednesday with officers there in support of Park. There was an audible sigh and Park bowed his head as the verdict was read.

The case was complicated by the fact that Schonberger had already pleaded guilty to assaulting Park by spitting and to threatening another officer during the same 2015 incident. He was sentenced to 120 days.

Crown prosecutor Roger Shallow argued Park’s actions “were absolutely unnecessary and excessive.”

However, Park said the “quick jabs” were an attempt to stop Schonberger, whose alcohol-laden saliva landed in his mouth, from spitting more. He argued they were a justified use of force.

Court heard Park was responding to a call about a man walking down King Street East swinging a knife and walking a dog. When he came upon the scene, he found Schonberger, then 35, already in handcuffs and approached to offer assistance.

Without warning or provocation, Schonberger spat in Park’s face and he quickly punched Schonberger in the mouth to stop the assault. Court found this punch was justified.

Two other officers took Schonberger to the ground and he continued to flail, kick and spit. Then Park punched Schonberger two more times. It’s these punches that Gee found to be unjustified, arguing that two other officers at the scene had some control over Schonberger on the ground.

Schonberger is a “slight man” around 110 pounds, and while Park and the two other officers who were restraining Schonberger are also smaller in stature, Schonberger was outnumbered, Gee said.

Outside court, Hamilton Police Association president Clint Twolan called the verdict “disappointing,” and vowed to continue supporting Park.

“We accept and respect the decision, but will take a step back and decide what to do next.”

Termination is not automatic and Twolan said he’ll be in touch with police service management.

“He’s one of our brightest police officers. He’s very well-respected ... a very articulate and intelligent individual,” he said.

Park is “not a hothead” or “violent person,” Twolan said, reiterating that he believes the punches were a justified use of force.

Park’s lawyer, Gary Clewley, declined to comment outside court.

Park had been reassigned to administrative duty throughout the case. The Special Investigations Unit announced the charge in October 2015.

Police spokesperson Const. Steve Welton said the service was aware of the court decision, but declined to comment as the case remains before the courts and because of the possibility of a Police Services Act proceeding.

Park returns to court July 21 for sentencing.