A Windsor police constable has been found guilty of assault after a confrontation with a 22-year-old man was caught on camera in a Windsor apartment building.
Const. Kent Rice pleaded not guilty after the incident in the stairwell of Windsor Residence on McDougall on Feb. 22, 2012. In the video, 22-year-old Gladson Chinyangwa, is seen on the floor.
Justice Donald Downie announced the decision Friday afternoon. Downie says he accepts that Rice did not assault Chinyangwa when he pushed him to the ground or hit him, but says two kicks were an assault.
The Windsor courtroom was full with many of Rice’s friends and family for the delivery of the verdict.
Rice now faces two counts of discreditable conduct and one count of excessive force under the Police Services Act.
Rice told the court Thursday he leaned in to tell Chinyangwa he was under arrest and heard him make a hawking sound.
“I'm familiar with the sound. I've been spit on before," Rice said in court.
Rice says he acted defensively, striking Chinyangwa with an open palm. He said he used "measured kicks" as a distraction technique to gain compliance.
“It wasn't the intent to injure him," he says.
Under cross examination, assistant Crown attorney David Foulds repeatedly suggested that Rice only arrested Chinyangwa after realizing his use of force, was caught on camera.
“You only decided to arrest him once you became aware there were cameras in the hallway,” says Foulds.
"I knew there were cameras in the hallway. I gave him the opportunity to cooperate," Rice replied.
Foulds also asked Rice why he didn't document the second kick he used on Chinyangwa in his notes or follow-up report.
"You could have never justified a second kick,” says Foulds. “That's why you left it out."
Rice responded, "No. I forgot. It was not an intentional omission."
Defence lawyer Andrew Bradie said Rice used reasonable force in the situation.
Windsor police Chief Al Frederick says Rice will remain suspended a Police Services Act hearing.
He will be sentenced on Sept. 24 at 10 a.m.
