Alberta RCMP officer, found guilty of assault, gets conditional discharge

An AlbertaRCMP constable found guilty of assault last month will not serve any time in jail.

Const.Eric Pomerleauused excessive force during a 2012 arrest, but "relative to other cases, the offence here was minor," said Provincial Court Judge Gregory Lepp.

"I did find that constablePomerleau poured gasoline on the fire," Lepp said Tuesday in handing down a conditional discharge.

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But he ruled thatPomerleau's lack of experience was a major factor that influenced events.

"He is a young man with his whole life ahead of him," Lepp said. "Acriminal record will have an impact on that."

In December 2012, Pomerleau arrested a man for drunk driving.

Surveillance footage shot at the Red Deer detachment shows Pomerleau arguing with the man, who refused to sign documents.

Red Deer RCMP altercation in 2012: RAW

11 years ago

Duration 2:27

Security footage shows RCMP officers putting Cory Nielsen in a choke hold, knocking him to the floor and administering several punches to his mid-section and head..

The video showsPomerleau jumping on the man's back, taking him to the floor and punching him three or four times.

Crown Prosecutor PhotiniPapadatou cited more than a dozencases involving assaults by officers from British Columbia and Alberta.

"The significant aspect here is the breach of trust," said Papadatou. "This man was a prisoner, the breach of trust is deemed to be the aggravating factor here."

Defence lawyer Robb Beemanargued the assaultwas out of character for his client.

"This is a case that is not a situation where constablePomerleauplanned this out, it was a decision that was made in the heat of the moment," said Beeman.

He said the situation in the detachment that day "went very bad, very quickly. Within 10 to 30 seconds.

"These matters have weighed heavily onconstablePomerleaufor many years while it's been investigated by theRCMP," Beeman said. "These charges have had an impact on his family, they've been stressful."

Beeman referred to several letters supporting the officer's character.

He cited one letter in particular from someonePomerleauarrested in the past for driving under the influence. The letter writer creditedPomerleau for "helping him straighten his life around," Beeman said.

Pomerleauhasmoved to the Brooks Detachment, where he has been on administrative duty while the assault charge was before the courts.

As part of his probation, hewill have to perform 50 hours of community service within the next six months. He will also have to check in with a probation officer.