Prosecution seeks jail for Calgary police officer convicted in violent arrest

A Crown lawyer is seeking six months jail time for a Calgary police officer convicted of assault in a 2016 arrest that left a man with broken ribs and a collapsed lung, arguing that Const. James Othen offended a duty of care "in fantastic form."

Clayton Prince was unarmed when he was arrested by Constables Othen, Kevin Humfrey and Michael Sandalack in July 2016.

The arrest happened after Prince ran from police during a traffic stop because he says he was paranoid after taking cocaine and marijuana and had been driving without a licence.Prince suffered multiple serious injuries, including a collapsed lung and broken ribs, and testified he was hospitalized for five days.

Othen, 40, was found guilty in February of assault causing bodily harm and assault with a weapon while Humfrey and Sandalack were acquitted of all charges by Judge Margaret Keelaghan.

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"I find that the use of force byOthenwas excessive, unnecessary and clearly disproportionate to what was required in the circumstances," Keelaghan saidin her February decision.

On Thursday, prosecutor Jim Stewart said any sentence short of jail forOthenwould "fail to register, or meet the object of sentencing."

Stewart said that, when sentencing, the judge should consider the fact thatOthenwas in a "considerable position of trust and authority on the day he offended" and that he owed "a duty of care, a duty to protect Mr. Prince and offended that in fantastic form."

He added that it's the prosecution's position thatOthenhas shown no remorse.

"He regrets the harshness of the scrutiny that has been on him since this incident," said Stewart. "He has no empathy or regret for the harm he's caused to Mr. Prince."

The judge was expected to have her sentencing decisionon Monday.

Othenbreaks down in tears

At the end of the proceedingson Thursday,Othenstood and addressed the court.

He broke down in tears when speaking about the impact his actions,and the subsequent media attention, have had on his children.

Iwould like to apologize to Mr. Prince and his family.This is totally out of character for me.- Const. James Othen

"I don't like attention, I would rather just go about my days. This attention is killing me," he said. "My children have been harassed and teased at school. It makes me feel like I have let down my family."

Othensaid he feels "truly sick" for the injuries he caused.

"iwould like to apologize to Mr. Prince and his family," he said, wiping away tears. "This is totally out of character for me."

'I have nightmares ... almosthit my wife and baby'

Prince was not in courton Thursday, but Stewart read a victim impact statement on his behalf.

In his statement, Prince said he was scaredOthenwould come find him following the incident.

"I'm scared of most cops now," he said. "I have nightmares, I wake up swinging almost hit my wife and baby."

Prince said he has struggled to work since the incident, leading to financial struggles and significantly impacting his relationship.

"I'm still lucky to be with them, my partner and two boys," he said.

Don't send Othen to 'hardcore jail,' defence urges

Othen's defence lawyer, Alain Hepner, said he does not agree with Stewart that jail time was necessary in the case.

Hepner suggested a two-year suspended sentence, or a longer sentence with community service as a fall-back. If the court should find jail time was necessary, Hepner suggested an intermittent sentencebut "not a hardcore jail."

Hepner took significant time reviewing letters of support forOthen whom he describes as a dedicated family man because he felt it important the judge understand "what kind of person" she was sentencing.

In one letter of reference read by Hepner, a fellow Calgary police officer and former partner toOthendescribes him as an "incredibly hard-working officer" who "attended to victims in the community regardless of status."

In another letter, another officer describes a scene where he andOthenresponded to what they believed was an active shooter in an alleyway.

The writer explains that a family walked into the alleyway during the incident, andOthenran towardthe shooter to protect the family.

"He showed incredible restraint and professionalism that day," said the writer. "He told me he thought he was going to be shot and was mainly concerned his daughters would grow up without a dad."

Hepner said what Othen has accomplished in the community prior to the incident should not be forgotten. Hepner said Othen has no criminal record, and will likely lose his job because of this.

"You found him guilty, he'll probably lose his job. He'll have to find a new career," he said.

Video of arrest cuts off

The three Calgary officers were originally each charged with assault causing bodily harm.

In addition,Othenfaced charges of mischief and assault with a weapon for allegedly digging a key into Prince's neck.
Humfreywas also charged with two counts of public mischief in relation to false statements the two officers are alleged to have given after the incident.

The Calgary Police Service began its investigation after dash-cam video from one of the responding cruisers was discovered depicting the officers delivering knee strikes and punches to Prince, who had surrendered on the ground.

Video of Calgary police charged with assault

7 years ago

Duration 0:07

Video entered as evidence at the trial of three Calgary police officers accused of assault after a traffic stop.

The video cuts off after about eight seconds.

At the time of her decision, Keelaghan said she found it "very concerning and troubling that the in-car video cameras in two instances were abruptly terminated at pivotal points during this incident."

The arrest took place when Prince ran from police during a traffic stop.

He said he was was paranoid after taking cocaine and marijuana and had been driving without a licence.

At first, Prince was hiding in some trees, but came out after more officers arrived on scene.

When one officer pulled a gun, Prince surrendered on the ground with his hands on his head, complying with police demands. That's when the video shows officers beginning to deliver punches and knee strikes.

On one of the videos played during the trial, Prince can be heard screaming in pain.

The video cuts off soon afterOthenjumps on Prince's back and begins to punch him.

Several police officers testified for the prosecution, including CPS members who described the arrest as "out of control" and "extremely excessive."

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