Jail sentence appropriate for Calgary police officer who body slammed woman: appeal court

A three-judge Alberta Court of Appeal sheet said a erstwhile Calgary cop’s jailhouse condemnation for assemblage slamming a female was appropriate, according to a determination published connected Wednesday morning.

Alex Dunn was convicted successful 2020 successful relationship pinch a 2017 incident astatine Calgary Police Service headquarters, wherever video grounds showed him throwing a handcuffed female to nan floor.

Surveillance footage confirmed nan woman, later identified arsenic Dalia Kafi, had her hands cuffed down her backmost erstwhile she was thrown. She remained connected nan crushed successful a excavation of humor aft her look struck nan floor.

Dunn received a 30-day conditional sentence, which included 15 days of location arrest.

The Crown later successfully appealed nan conviction, arguing that nan judge didn’t adequately bespeak that Dunn was successful a position of spot and Kafi was a susceptible person. The entreaty judge past imposed a 30-day jailhouse condemnation followed by six months of probation and 75 hours of organization service. The jailhouse clip was stayed because Dunn had already served nan conditional sentence.

Dunn was dismissed from nan Calgary Police Service past November for misconduct nether nan province’s Police Act.

Kafi died of a suspected overdose successful July 2021.

Dunn revenge to entreaty nan jailhouse condemnation connected April 5, 2023, and nan Calgary Police Association (CPA) was granted intervenor status. According to tribunal documents, Dunn based on that an Ontario Superior Court of Justice lawsuit referenced by nan first entreaty judge “no longer reflects society’s values aliases its goals of sentencing successful consequence to a constabulary officer’s usage of excessive force.”

Both Dunn and nan CPA besides based on that nan original conditional condemnation was appropriate. The CPA added concerns astir really nan jailhouse condemnation will group a precedence for officers who whitethorn look “a momentary lapse successful judgement aliases mistake.”

The three-judge sheet disagreed pinch some arguments, saying nan jailhouse condemnation was due because Dunn assaulted a defenceless person, which resulted successful injury.

“This was a convulsive battle of a slight, handcuffed female captive successful nan constabulary station, who presented nary consequence of unit aliases escape,” Wednesday’s determination read.

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“The unfortunate was assaulted while she was wholly defenceless and injured arsenic a consequence because, arsenic nan proceedings judge found, nan appellant mislaid his temper.”

The sheet besides said nan 2017 incident was not a business wherever a constabulary serviceman responded inappropriately to threat aliases erstwhile personification was a imaginable threat to themselves aliases others.

“We person successful nan past acknowledged that split-second decisions made successful consequence to vulnerable aliases convulsive situations whitethorn beryllium wrong, and that immoderate condemnation imposed successful specified cases should bespeak that knowing … But it is incorrect to deliberation that courts will connection leniency to constabulary officers who maltreatment their position successful nan mode that nan appellant did,” nan determination reads.

The determination went connected to opportunity that nan rule does not authorize constabulary officers to maltreatment citizens they brushwood while executing their duties. The sheet said nan entreaty tribunal has a domiciled to play successful restoring assurance successful rule enforcement and nan norm of law.

“To conclude, a constabulary serviceman convicted of a gratuitous battle that results successful wounded stands successful nary amended position than does immoderate different national convicted of nan aforesaid offence erstwhile it comes to sentence,” nan sheet wrote.

“Indeed, arsenic nan constabulary inhabit a position of spot nan offence whitethorn beryllium regarded arsenic much serious.”

— pinch files from Ryan White, Global News