The Ontario Court of Appeal has overturned an acquittal of a Windsor police officer accused of using excessive force while arresting a suspect over three years ago.
The decision was filed last week against Const. Kent Rice.
“Leave to appeal is granted, the appeal is allowed, and the finding of guilt made at trial is restored,” said the Ontario Court of Appeal.
It went on to say “In all the circumstances, we conclude that rather than remitting this matter to the appeal judge, this court should dispose of the pending sentence appeal and that a conditional discharge is the appropriate sentence.”
Superior Court Justice Thomas Heeney ruled May 30, 2014 that Rice did not use excessive force during an altercation at a Windsor apartment building on Feb. 22. 2012. The incident was recorded on a building security camera at the McDougall Street apartment.
In September 2013, Justice Donald Downie convicted Rice of assaulting Gladson Chinyangwa.
The earlier ruling included one year of probation, no contact with the victim, 60 hours of community service and keeping the peace.
