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Thunder Bay

OPP officer found not guilty of assault

Justice F.A. Sargent delivered his ruling Friday morning in the case of Constable Brian Bellefeuille.

Const. Brian Bellefeuille was charged with assault after an altercation with a First Nations man

Const. Brian Bellefeuille (right) was charged after an altercation with Gary Megan (left) in the OPP lock-up in February 2011. (Jody Porter/CBC)

A judge has acquitted an OPP officer on a charge of assault.

Justice F.A. Sargent delivered his ruling Friday morning in the case of Constable Brian Bellefeuille.

Bellefeuille was charged after an altercation with Gary Megan in the OPP lock-up in February 2011.

During the trial the court was repeatedly shown a video recording of the incident. It shows Megan, with hands cuffed behind his back, being put to the floor by Bellefeuille.

The Crown attorney argued that police unlawfully arrested Megan for public intoxication and furthermore that Bellefeuille used excessive force in 'throwing' Megan to the ground in the cell.

Bellefeuille testified that he felt Megan was about to attack him and that he guided Megan to the floor to eliminate the threat.

Megan's eyebrow was cut open in the fall and he suffered other scrapes and bruises to his face.

Regardless of the court ruling, Bellefeuille still faces charges related to the incident under the Police Services Act.