A Vancouver Island RCMP officer convicted of aggravated assault in shooting a suspect is getting an appeal…
The decision from the BC Court of Appeal says the judge that found David Pompeo guilty made a mistake.
The written decision says the judge should have included expert evidence that said the use of lethal force was necessary and in line with police training.
Pompeo shot Bill Gillespie near Duncan in September 2009.
Gillespie was unarmed at the time, but did have a history of firearms and robbery offences.
He survived being shot in the shoulder.
Pompeo was sentenced to two years’ probation.