Officer won’t have criminal record

Officer won’t have criminal record
Constable who kicked ‘defenceless’ suspect given conditional discharge

Kelly Sinoski, Vancouver Sun
Published: Saturday, July 14, 2007

NEW WESTMINSTER -A New Westminster police officer who kicked a suspected car thief in the head will not have a criminal record, but will have to reconnect with the public by volunteering in a homeless shelter and food bank.

Provincial Court Judge Herb Weitzel gave Const. Todd Sweet, 39, a conditional discharge Friday in connection with his assault on Anthony White on June 19, 2005, saying it was not in the public’s interest to convict him.

The assault occurred two months before Sweet fatally shot and killed 16-year-old Kyle Tait, who was a front-seat passenger in a stolen SUV.

In his ruling, the judge said it was important that Sweet and other members of the police community realize that such actions by the police would be treated seriously.

“Anthony White was defenceless when he was kicked by the accused,” the judge said. “He was in a position where he presented no danger to the accused.

“For Todd Sweet to kick him was a cowardly attack, suggestive of unlawful street justice.”

The judge ordered that Sweet be put on probation until Dec. 31, 2007, with the condition that he do 100 hours of community service. Of that, 30 hours would be spent in a homeless centre and another 30 in a food bank in Vancouver’s downtown eastside, or at a location chosen by his probation officer.

The other 40 hours would be spent lecturing police officers on controlling their frustration and anger and the consequences of not doing so.

Sweet was fined $100, ordered to take anger management counselling courses and to have no contact with White.

“He and the police community at large would be better served if he was forced to reconnect with the public at large,” Weitzel said.

“In counselling, he should deal with other assaulters and serve the general community and not slide back into what appears to be a life ensconced in police activities.”

Sweet pleaded guilty in February to assault causing bodily harm after he gave a handcuffed White, who was lying face down on the ground, a “substantial kick to the head” following a car chase through New Westminster.

The chase reached speeds of up to 120 km/h. The court heard how White ran red lights and stop signs and dodged police cars and a spike belt before crashing the stolen car he was driving on McBride Avenue.

Weitzel said it was a “highly tense and emotional” incident for all involved.

Yet that doesn’t excuse Sweet, a senior police officer, from acting the way he did, he said.

Although Sweet apologized to his fellow officers for his unprofessional behaviour and told them to cooperate with any police investigation of the incident, he failed to report he had kicked White in the head until two months later.

He admitted the kick after an anonymous letter was sent to the B.C. police commissioner, and an investigation was undertaken by the Abbotsford police.

Weitzel criticized the Abbotsford police for taking so long in their investigation, which began in August 2005. No charges were laid until this year.

“I’m not blaming Todd Sweet but members of the policing community must surely understand a case of this nature must be given high priority and must proceed much more quickly than this one did,” he said.

Sweet, who has been with the New Westminster police force since 1990, has been suspended with pay since pleading guilty to the charge in February.

In his ruling, Weitzel said he took into account Sweet’s early guilty plea, his voluntary anger management courses, his letter of apology to White and his low risk to reoffend.

He also considered Sweet’s $500 donation to the Last Door Recovery Centre in New Westminster, his financial loss, and letters of support from other police officers attesting to this dedication to his 17-year career.

But the judge dismissed defence counsel Reg Harris’ submission that Sweet had suffered enough notoriety through the press.

Sweet still faces disciplinary action by the police commissioner’s office.