EDMONTON — An RCMP constable who pleaded guilty to assaulting a prisoner is asking for a conditional discharge, saying he suffered stress as the result of the fatal shooting of four RCMP officers in Mayerthorpe, in 2005.
Sentencing arguments were heard Thursday in the case of Const. Desmond Sandboe.
He was caught on a cellblock video camera beating a prisoner at the detachment in Lac La Biche, Alta., in September 2009.
Rod Gregory, Sandboe’s lawyer, told court his client suffered from acute stress disorder because he was one of those called out at the time of the Mayerthorpe shooting, in which James Roszko gunned down four officers before killing himself.
Gregory suggested the beating was not a premeditated action and Sandboe incorrectly thought his victim, Andrew Clyburn, 33, might attack him.
But Crown prosecutor Jason Neustaeter argued a discharge is not appropriate, noting it was “a sustained beating over the course of 40 seconds.”
On the night in question, Clyburn had been taken to police cells after becoming unruly during a bar fight in which he was injured.
The surveillance video shows two RCMP officers leading Clyburn down a hall. Court was told the prisoner believed he was about to be released from custody.
Suddenly, Sandboe lunges at Clyburn and appears to smash his head into the wall twice. The prisoner is then sent to the ground with the constable swinging his hand towards the man’s head.
After 40 seconds, the prisoner is led back to his cell. Clyburn has said that all he did was correct Sandboe’s spelling of his name.
Gregory said in his closing arguments that his client believed he saw threat cues from victim.
“He perceived the complainant made a quick move toward him,” said Gregory, who allowed his client over-reacted. “It may well be that video shows he misperceived the threat cue.”
Gregory said the constable has accepted full responsibility for his actions and that according to a doctor’s report, Sandboe has made “significant progress” in dealing with his stress disorder.
A conditional discharge “could send a very strong message to other peace officers,” suggested Gregory.
Neustaeter said a jail term of between six and nine months would be appropriate, and asked the judge to consider a weapons prohibition as well.
Sandboe was originally charged with assault causing bodily harm but because his victim was already wounded, the Crown was unable to prove what injuries Sandboe might have inflicted.
Sandboe read three type-written pages to the court and repeatedly apologized to his victim, saying he no longer speaks to his own parents out of shame and has been distanced from his RCMP family as well.
The constable has been suspended without pay.
He will be sentenced on Feb. 7.