. Tim Wang has been found guilty of common assault.
The verdict was handed down in Quesnel provincial court Thursday afternoon by Justice Elizabeth Bayliff.
Bayliff said she felt Wang had an “honest, but mistaken belief” he was about to be assaulted.
Wang faced an assault charge relating to his handling of a prisoner at the Quesnel detachment, July 18, 2009.
Quesnel RCMP initiated an investigation after another RCMP member reported observing Wang slap a handcuffed prisoner twice.
During the two-day trial, which took place in November, Crown called several witnesses to the stand.
“No other officers [aside from Wang] saw signs Mr. Billyboy was getting aggressive,” Bayliff said.
Wang had testified prior to the first slap he heard Billyboy “trash talking.” He also said he perceived what he thought was the prisoner getting ready to kick him.
For the second slap, Wang said he thought Billyboy was about to spit on him, adding “he had 100 per cent anger focused on me.”
Wang’s method was questioned.
“My intent was to control him, calm him down, to protect myself and others from attack,” Wang said in November.
Bayliff said she felt both slaps were “a punishment or get-even gesture.”
Adding she felt Wang’s evidence was “inconsistent with the other officers.”
During the trial, Crown questioned officers in attendance the night in question what Billyboy’s demeanour was.
“He seemed calm,” one member testified.
“Did you witness any aggressive behaviour?” Crown pushed.
“I didn’t detect any,” he replied.
Prior to the incident, which occurred in the brick garage where officers park their patrol cruisers before escorting prisoners to the cell block, the prisoner had been arrested outside the Quesnel Hotel.
Several officers testified the prisoner resisted arrest, showed signs of aggressiveness; at one point struggling with two RCMP members on the ground and was “willing to fight.”
During the struggle, one officer radioed for additional officer assistance. Wang heard the radio transmission.
“The force used [by Wang] was not excessive,” Bayliff said.
“The blows were not particularly forceful and not designed to injure.”
But, Bayliff, added, “they were not objectionably reasonable.”
Wang was granted an absolute discharge.
