OPP officer convicted of assault dodges jail time with suspended sentence
Constable Bailey Nicholls of the Ontario Provincial Police (OPP) was handed a suspended sentence after being convicted of assaulting an Orillia woman during an arrest more than four years ago - a sentence that will likely save her job in law enforcement.
Justice John Olver found Nicholls guilty of assault causing bodily harm in October. He admonished the officer, saying that were it not for her having a one-year-old boy to care for, along with other circumstances, she would likely have been sentenced to 30 to 45 days behind bars for her conduct.
The judge also told Nicholls, "If there is not a lesson in all of this for you, then maybe you should not be a police officer."
Security video released from inside a holding cell in 2019 revealed the interaction between Nicholls and a 43-year-old woman arrested for public intoxication.
Nicholls grew increasingly frustrated with the woman as she tried to remove her jewelry and became physical with her, including breaking her necklace, grabbing her throat, and forcefully pushing her head into cell bars, resulting in the woman sustaining a head injury requiring five staples.
- Download the CTV News app to get local alerts on your device
- Get the latest local updates sent to your email inbox
Olver criticized Nicholls for providing misleading and conflicting accounts of the incident, failing to document it properly, and obstructing the Special Investigations Unit (SIU) probe. The judge highlighted the pivotal role of the surveillance footage in holding Nicholls accountable for her actions.
The defence maintains Nicholls acted out of fear for her safety.
Nicholls was placed on 15 months of probation, ordered to undergo impulse control or anger management counselling, and complete remedial use-of-force training. Additionally, she can't have contact with the victim, must provide her DNA for the criminal database, and fulfill 150 hours of community service.
The OPP Association intends to appeal the guilty verdict, asserting Nicholls' innocence and challenging the judge's interpretation of evidence and law. The association says Nicholls did not use excessive force and should be exonerated.
Justice Olver emphasized the breach of public trust and the seriousness of Nicholls' actions, underscoring the need for accountability within law enforcement.
In an email to CTV News, the OPP stated, "We recognize that it can be deeply troubling when a police officer is convicted of or even accused of a criminal offence. The OPP is a very large service, and serious breaches of the law or professional standards by our members are rare. We hold our officers to the highest standards of professionalism and are committed to ensuring that we maintain the public's trust."
With the criminal proceedings concluded, Nicholls could face further disciplinary action under the Police Services Act.
CTVNews.ca Top Stories
LIVE UPDATES Critical infrastructure 'successfully protected': Jasper park officials
Jasper National Park officials in an update said all critical infrastructure in the townsite has been 'successfully protected, including the hospital, emergency services building, both elementary and junior/senior schools, activity centre and wastewater treatment plant.'
Canadian Olympic Committee removes women's soccer team's head coach over drone scandal
The Canadian Olympic Committee has removed women's national soccer team head coach Bev Priestman over a drone scandal, according to a press release from the organization.
Yukon woman narrowly escapes bear attack, credits hair clip
A woman in Yukon believes her hair clip helped save her during a bear attack.
Prince William's 2023 salary revealed in new report
Newly released financial reports show that William, the Prince of Wales, drew a salary of $42.1 million last fiscal year, his first since inheriting the vast and lucrative Duchy of Cornwall.
'I was just shocked': Jasper lodge owner on seeing property destroyed by wildfire
On Wednesday night, the owner of Maligne Lodge in Jasper, Alta., was shocked to receive a photo of her business engulfed in flames.
Mary-Ellen Turpel-Lafond likely has Indigenous DNA: report
The Law Society of British Columbia says a DNA test shows a former judge and Order of Canada recipient accused of falsely claiming to be Cree "most likely" has Indigenous heritage.
U.S. authorities have arrested 'El Mayo' Zambada, a historic leader of Mexico's Sinaloa cartel
Ismael 'El Mayo' Zambada, a historic leader of Mexico's Sinaloa cartel, and Joaquin Guzman Lopez, a son of another infamous cartel leader, were arrested by U.S. authorities in Texas on Thursday, the U.S. Justice Department said.
Harris pushes Netanyahu to ease suffering in Gaza: 'I will not be silent'
U.S. Vice President Kamala Harris pressured Israeli Prime Minister Benjamin Netanyahu on Thursday to help reach a Gaza ceasefire deal that would ease the suffering of Palestinian civilians, striking a tougher tone than President Joe Biden.
'She led it the whole way': 18-year-old B.C. woman leads hikers to safety in Jasper National Park
As fire threatened people in Jasper National Park, Colleen Knull sprung into action.