Barrie Police Constable Jason Nevill has been sentenced to 1 year in jail and 1 year probation for assaulting a man who he was arresting outside of the Bayfield Mall in November of 2010.
Justice Lorne Chester sentenced Nevill to 6 months for assault, 6 months for fabricating evidence and 6 months for obstructing justice. The charges for fabricating evidence and obstructing justice will be served at the same time.
The incident was caught on a video surveillance system outside the Bayfield Mall.
Nevill can be seen in a violent confrontation with Jason Stern of Barrie. Stern was being questioned about a broken Christmas ornament inside the mall when the officer attacked him.
“It’s a victory for the city to have somebody like that off the streets now, not harassing the people. It’s a victory,” said Stern outside the courthouse on Friday.
At first, Stern was charged with assault on a police officer. But once the surveillance video came to light, the charges were dropped and Nevill was charged. Nevill was ultimately found guilty of assault causing bodily harm, fabricating evidence, and obstruction.
Stern says he is still traumatized by the incident. He says he now suffers from anxiety and depression and is on medication because of the violent attack.
“I’m going to go home and be with my daughter. That’s all I want, I want to spend as much time with here as I can and my fiancé.”
The crown was seeking a term of ten to twelve months. It focused its arguments on the breach of trust and abuse of power shown by Nevill.
The defence wanted three to six months. It pointed to his years of service as a police officer, the fact he is going to be fired from his job and the public humiliation he has suffered because of the video and the fact it has gone viral on the internet.
In handing down the sentence, Justice Lorne Chester said, “More attention was paid to cleaning up the sidewalk then getting Stern to the hospital.” He added, “The video speak volumes…it represents a very powerful seven minutes of viewing.”
Since his arrest, Nevill has been suspended with pay. Now that has been sentenced, he has been suspended without pay.
“I expect our officers to be held to a higher standard of behavior. If there is involvement of any of our officers in a criminal act, or any other act that violates our sworn oath of office we are all accountable for our actions. As Chief of Barrie Police Service I will ensure these matters are investigated professionally and brought to justice,” said Barrie Chief of Police Kimberley Greenwood.
Read Greenwood's full statement here.
Nevill was escorted out of the courtroom in handcuffs by six police and court officers.
CTV News can confirm Nevill has filed an appeal and will have a bail hearing Friday morning to see if he gets out of jail pending the appeal of his conviction.
