Kristi Patton (Penticton Western News) – Cpl. Andre Turcotte will have to wait to see what his future with the RCMP will be, as an internal disciplinary process is underway for the assault he committed on a Penticton man.
On June 1 Turcotte was sentenced to a conditional sentence of 60 days in which he can serve his time on house arrest for the assault of Scott Campbell on Nov. 29,2007. Turcotte, who was off duty at the time of the incident, claimed the car Campbell was a passenger in had nearly run him off the road while driving from Penticton to Summerland. In his sentencing Judge Dev Dley said Turcotte had flashed his headlights and the vehicle Campbell had been riding in pulled to the side of the road near the Sumac Ridge turnoff on Highway 97 in Summerland. He then said Turcotte showed his badge and punched Campbell in the face. Witnesses testified during the trial that they saw Turcotte kicking Campbell while he was laid out on the ground. Campbell was found unconscious and suffered soft tissue injuries to his ribs.
“(Turcotte) also has an internal disciplinary process he has to go through. Formal disciplinary proceedings have been initiated with respect to this, so that means he will have to appear before a disciplinary hearing before an adjudication board,” said Sgt. Rob Vermeulen of the RCMP E division headquarters. “There can be witnesses they go through and the sanctions they can evoke can be anything from reprimand to loss of pay to dismissal.”
As part of his sentencing, the 14-year veteran of the RCMP also had a firearms ban placed on him by Judge Dley. Defence lawyer Jack Harris requested that this condition be changed so he could carry his service pistol but was denied.
“No, I specifically am not going to do that. My issue is this is a jail sentence and you aren’t permitted to have a weapon in jail,” said Dley.
Turcotte has been on administrative duties with the integrated road safety unit based out of the Kelowna detachment since the original allegation was made and his duty status remains under review.
“There is a court order that he has to abide by his conditions, so he won’t be showing up to work, no. He has no firearm and he has got to be at home,” said Vermeulen, adding a date has not been set for the adjudication board for Turcotte to appear.
The troubled RCMP officer has another trial set for Sept. 8 where he will be facing more charges of assault and an unlawful confinement charge that allegedly happened in Summerland on Aug. 17, 2007 outside the Peacock’s Perch. Vermeulen said formal disciplinary proceedings have been initiated for that incident as well.
You will note (although you did not have time to read, only quoting one, of the list) that the majority of offenses are taken into account with the overall case at bar.
The instructions to Crown Counsel are such that there has to be a demonstrable effect and surrounding circumstances prior to the charge being laid. ( Such circumstances you will find if you ever find time to read through the various cases.” Something not found in your searches. Pushing, shoving, spitting, threatening, etc., have all but dropped from the lexicon of some Crown as they are not sufficient in and of themselves.
In the vast majority of actual convictions for assaulting a police officer the sentence is concurrent (meaning served at the same time) to the “more serious” charges before the court, and therefore invisible. There are also the deals by the Crown IF they actually lay a charge. Assaulting a police officer is one of the first to go to get a guilty plea. Something else that does not show up in your searches. “…among other minor things, assaulting a police officer.” as you so kindheartedly put it.
Next I am sure you will refer to the case reported in Playboy many years ago of an RCMP officer in BC charging someone at a party with assault because he threw a potato chip at him and hit him. But that was in the ’70’s I believe. It proves as much as your Nova Scotia example.
And I said “approaching” ACBH.
Hot debate. What do you think?
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Well, here’s one recent case of a prison sentence being imposed for, among other minor things, assaulting a police officer.
http://www.canlii.org/en/ns/nssc/doc/2010/2010nssc121/2010nssc121.pdf
And it’s not assault causing…
There were numerous others as well, which I don’t have time to read… I’m sure you can do it yourself at:
http://canlii.org/en/
Then just use a Boolean search of:
“assaulted a police officer” sentencing
You’ll get a number of hits that you can peruse at your pleasure. If time (date) is your concern, just sort by date.
Hot debate. What do you think?
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When was the last time somebody went to jail for assaulting a police officer? The assault has to approach ACBH before most Crown prosecutors will even consider that charge.
Hot debate. What do you think?
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Beat up a cop, jail time. Cop beats you up and disciplinary action is “considered”. Seem to be a double standard here.
Hot debate. What do you think?
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“RCMP considering disciplinary action against convicted officer”
This is a no brainer but considering should be changed to will be taking action against a convicted officer.
Hot debate. What do you think?
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“RCMP considering disciplinary action against convicted officer”
I would think so!! Nothing more needs to be said until we know the results of the disciplinary action.
Calvin Lawrence
CGL Consulting
Hot debate. What do you think?
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