Cheryl Wierda (Kelowna Capital News) – A Kelowna Mountie who punched a pregnant woman in the face two years ago will not have a criminal record, provided he completes 40 community work service hours in the next six months.
That’s the conclusion of the sentencing hearing for Const. Steve Conlon, who was initially charged with assault causing bodily harm but found guilty of the lesser included offence of assault back in March.
The offence dates back to Feb. 13, 2009, when officers converged on Thompson Road after another officer—Const. Kent Hall—shot wanted man Mark Pauls during an attempt to arrest him.
After the shooting, police wanted to speak with Brandie Fahl, who was with Pauls when he pepper sprayed the officer.
Conlon was among the officers who went to 890 Thompson Road to try to speak to Fahl, but the officers were denied entry and told to get a warrant.
Instead, Conlon, with two years of policing experience, decided there were “exigent circumstances” to enter the home without a warrant.
“Mr. Conlon had an honest but mistaken belief that he had the authority to enter the residence,” said De Walle.
Inside, police encountered several people, including Crystal Young, who was holding on to her pit bull. The dog bit Conlon and Conlon punched the dog, and then Young.
“The assault was clearly not premeditated,” said De Walle. “It occurred in a charged…atmosphere.”
However, he said, it is clear that “Conlon crossed the line at law when he struck the victim.”
In determining whether to agree to the defence submission that Conlon be granted a discharge—meaning, he would have no criminal record—De Walle had to consider whether that would be in the best interest of Conlon and not contrary to the public interest.
He noted that Conlon, 41, has no prior record or suggestion of any issues in his job and is a “well-respected” member of the local RCMP.
As for whether a discharge would be contrary to the public interest, De Walle highlighted the words of another judge, who asked how it could be contrary in a situation where a person acted rashly in an instant in intolerable circumstances.
De Walle also noted that a criminal record could have “serious repercussions” on the career of a police officer, and that Conlon has already suffered “significant humiliation” as a result of the media coverage of the case.
As well, he also faces sanctions from an RCMP Code of Conduct probe and will likely face a civil suit.
He is to be on probation for six months, during which time he is to complete 40 hours of community work service.
“If you successfully complete the six months of probation…then the discharge would in effect become an absolute discharge,” said De Walle, noting that Conlon would then not have a criminal record.
Conlon has also been ordered to pay a $150 victim fine surcharge.
Conlon had no comment after leaving the courtroom, in the company of a number of officers who were present in court to support him.
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