Six Vancouver police officers have avoided jail time for assault even though a provincial judge said they all succumbed to "mob mentality" when they packed three suspected drug dealers into a patrol van and drove them to a secluded beach last winter for a beating.
At their sentencing hearing yesterday, the most severe punishments handed out were house-arrest terms for two officers. Two others received suspended sentences and another two were handed discharges for their role in last January's Stanley Park beatings of Jason Desjardins, Barry Lawrie and Grant Wilson.
The crimes came to light when Constable Troy Peters, a new recruit with only a few weeks on the force, reported the assaults. He was with the officers part of that night, but did not go to the park with them.
Provincial Court Judge Herb Weitzel described Constable Peters as the lone "bright light," who despite his lack of experience demonstrated that he understood the right thing to do "when police become themselves criminals by virtue of their behaviour."
During the hearing, Judge Weitzel rejected arguments that the officers acted in the "heat of the moment" when they drove the three men to the furthest reaches of the downtown park, then summoned each -- one by one -- from the van for a beating.
During the sentencing hearing, the court heard that the three victims have nearly 100 convictions among them. Police arrested them that night on suspicion of dealing drugs in downtown Vancouver.
But instead of taking them to the police station, the officers drove them to Stanley Park, roughed them up, then turned them loose.
Constable Duncan Gemmell, the senior officer, filed an occurrence report that said all three suspects were released at separate times and locations. He made no mention of physical contact.
A week later, Constable Peters, who is still with the Vancouver Police, reported what he knew of the events to his superiors. He has not spoken publicly about his action, but in a statement yesterday, deputy chief Bob Rich acknowledged the role of Constable Peters.
"The reason we are here today is because one of our own members stepped forward to bring this matter to light. Time and time again our members have been the ones who came forward when a member's conduct may be in question."
Police argued the beatings were the result of pent-up frustration at dealing with the same suspects time and again in downtown Vancouver. But Judge Weitzel disagreed. He said police are trained to deal with this kind of stress and concluded the beatings had all the trappings of a premeditated attack.
"They let their frustrations get the better of them. Rather than being a heat-of-the-moment situation, it became a situation of mob mentality."
All six officers pleaded guilty to the assault in a plea bargain last November in which the number of charges against them was reduced to 18 from 33.
However, the lawyer for the three beating victims, said some of the officers involved should have been sent to jail. Others, added Phil Rankin, should be fired.
"Frankly, if you want to stop the police from doing these kinds of things, it's probably better to put someone in jail, actual jail, and the other ones will learn from that," Mr. Rankin said after the hearings.
He said the beatings were more severe than the officers admitted. "There was a lot more violence, a lot more kicking, a lot more hitting with instruments. I have photographs of the injuries."
He also praised the recruit.
"I'm always impressed when any police officer breaks from the gang mentality and breaks with the code of silence.
"It's only the code of silence -- whether it's crooks, gangsters, police or anybody -- that makes these things happen. If they can't count on their brother officers to keep quiet when they abuse people, then they will stop doing it."
It's not clear how the sentences will affect each officer's career. All have said they want to keep their jobs. Their fates will be decided at a disciplinary hearing beginning Jan. 15. Vancouver police have said they won't comment on the case until after the hearing.
However, the president of the police union said there's no reason the officers should lose their jobs.
"There's no question they made a mistake and today the judge imposed a significant sentence," Tom Stamatakis said outside court. But he noted that they have apologized and sought treatment.
The officers showed no emotion during the hearing. Afterwards, they brushed past reporters outside the courthouse.
Judge Weitzel said the sentences were based on each officer's degree of involvement.
Constable Gemmell, who was 39 at the time of the beating and the oldest of the group, got the toughest treatment, a 60-day conditional sentence during which he can't leave his house from 8 p.m. to 7 a.m., plus six months of probation. The judge said Constable Gemmell "set the tone" for the beating. He poked Mr. Lawrie several times in the chest and punched him.
Constable Gabriel Kojima, who hit one of the men with his baton, received a 30-day sentence, during which he can't leave his house at night, plus six months of parole. The judge called his behaviour "egregious."
Constable Raymond Gardner received a nine-month suspended sentence, plus six months of probation for berating one man and shoving two others. Constable Brandon Steele received a suspended sentence, plus six months of probation.
Constable Christopher Cronmiller, who pushed Mr. Wilson, received a conditional discharge and six months of probation.
Constable James Kenney, who stood by while the beatings took place, received an absolute discharge.