No jail time for a transit police officer who violently beat a UBC student at Rupert SkyTrain station five years ago.
The judge has granted a Crown and defence joint submission for a suspended sentence and 12 months probation after Transit Police officer Constable Edgardo Diaz Rodriguez pleaded guilty to assault causing bodily harm.
Crown says a 22-year-old UBC varsity football player with no criminal record was punched in the face ten times and suffered 11 blows with a baton at Rupert SkyTrain station in 2011.
Officers say he resisted arrest for obstruction after he failed to produce a fare and police thought he provided a fake name.
Crown argued this was an excessive and unnecessary use of force.
Diaz says he was fearful as victim tried to resist arrest for obstruction. Victim 6'2 240 pound football player, officer 5'5 140 pounds.— Shelby Thom (@ShelbyThom980) June 24, 2016
. @TransitPolice officer who pleaded guilty to assault on admin. duty and still subject to 2 disciplinary hearings under Police Act.— Shelby Thom (@ShelbyThom980) June 24, 2016
Diaz apologizes to court. Says he panicked and lost control of situation, not his intent to inflict "that kind of damage" on victim— Shelby Thom (@ShelbyThom980) June 24, 2016