Top court rejects police officer's bid to appeal conviction for assault of First Nations man

It's the end of the legal road for a Calgary police officer convicted of assault after breaking the ribs and collapsing the lung of a First Nations manduring a traffic stoparrest.

On Thursday morning, the Supreme Court of Canada rejected Const. James Othen'sbid to have the country's highest court hear his appeal of his convictions in the 2016 arrest of Clayton Prince.

The move aligns withlower courts' decisions over the last 18 monthsthe Court of Queen's Bench and the Alberta Court of Appeal both refused to overturn Othen's convictions of assault causing bodily harm and assault with a weapon.

In 2018, Othen was convicted for his role in the 2016 arrest of Prince, who is from theSucker Creek First Nation in northern Alberta and was living in High Level.

Princewas in Calgaryfor the Chasing Summer music festival with his girlfriend on July 30, 2016, when police pulled him over fora traffic stopin a parking lot in the 6700 block of Macleod Trail.

Instead of complying with the first officer's demands to stay in the car, Prince says he took off because he was paranoid after taking cocaine and marijuana and had been driving without a licence.

The Calgary Police Service began its investigation afterdash-cam video from one of the responding cruisers surfaced, showing Othenpunching Prince, who had surrendered and was on the ground.

The video is turned off after about eight seconds.

• WATCH | Dash-cam video below of the police officer punching a surrendered suspect. Warning: Video may disturbing for viewers

Video of Calgary police charged with assault

7 years ago

Duration 0:07

Video entered as evidence at the trial of three Calgary police officers accused of assault after a traffic stop.

At first, Prince can be seen hiding in some trees but once more officers respond to the scene, one pulls his service gun and Prince surrenders on the ground with his hands on his head, complying with police demands.

That's when Othen jumped knee-first onto Prince's back and began his attack.

On one of the videos played during the trial, Prince can be heard screaming in pain.

Officerdescribed arrest as 'out of control'

Several police officers testified for the prosecution.

Theydescribed the arrest as "out of control" and "extremely excessive."

Othen was sentenced to 90 days in jail to be served on weekends.

He has finished serving his sentence.

Othen is currently relievedfrom duty without pay and will now facean internal Police Act investigation.

"Now that the court process on his criminal charge is complete, the Police Act's disciplinary process will determine how to address the incident internally," said CPS in a written statement.

"Serious misconduct matters must be addressed through a disciplinary hearing where an independent presiding officer will hear the evidence and decide if any discipline, up to and including dismissal, is appropriate."