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An RCMP officer on Vancouver Island has been acquitted of aggravated assault at his second trial.

A B.C. Supreme Court judge in Nanaimo acquitted Const. David Pompeo on Wednesday, 18 months after the B.C. Court of Appeal ordered a new trial after a September 2009 shooting.

William Gillespie was pulled over south of Nanaimo on suspicion of driving while prohibited, and Pompeo testified he fired because he believed the man was armed and going for a gun.

In throwing out the original conviction and its sentence of 24 months probation and 240 hours of community service, B.C.'s highest court ruled the trial judge compromised the appearance of fairness during questioning.

Following the acquittal, Pompeo's lawyer Ravi Hira urged the Criminal Justice Branch to more rigorously assess evidence before charging officers for alleged crimes while on duty.

After the shooting, Pompeo transferred to the Nanaimo RCMP detachment from Duncan and remains there.

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