A former Halifax police office officer has been found guilty of assaulting a man outside a shelter in 2018 — for a second time.
In a decision handed down Monday, Judge Paul Scovil called Laurence Gary Basso‘s action that February night excessive and described what happened as a “closed fist punch delivered with what could be termed as a haymaker.”
In 2019, Basso was found guilty of assault causing bodily harm in connection with the incident outside Metro Turning Point.
Basso, who was with the Halifax Regional Police at the time, was called to the men’s shelter on Barrington Street to remove Patrice Simard.
Simard had been caught drinking alcohol in his bunk, a violation of the facility’s rules.
Surveillance footage shown in court captured Basso striking Simard in the face.
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Basso testified that he struck Simard in the head in response to a punch Simard landed on the officer’s leg -– a punch Basso said can’t been seen on the video because of the camera angle.
Simard required medical attention and was eventually treated for a broken nose as a result of the assault.
Basso was sentenced in 2019 to three months in jail, and Halifax Regional Police confirmed at the time that he had been let go from the force.
In December 2020, the conviction was overturned by a three-judge panel and a new trial ordered, which took place in September and December of 2021.
Monday’s decision noted that Simard had died sometime after the first trial. His testimony from the first trial was entered as evidence in the second one.
‘Very low threat’
The decision concluded that even if Simard had “made contact with Constable Basso’s leg,” it was a “very low threat.”
“While we are not to judge the niceties of police actions, such as this, Constable Basso’s reaction went beyond what was reasonably necessary,” the decision read.
The decision detailed how Basso’s blow was “powerful and in the middle of Mr. Simard’s facial area.” According to Simard’s testimony, he was intoxicated at the time and on his knees.
“Mr. Simard then went to the ground, but not a full-face plant. Throughout the booking Mr. Simard lay in the back of the police vehicle and was rubbing his head. The EHS attendant recognized tenderness in the eye and nose area. Mr. Simard had difficulty with balance,” it read.
A sentencing hearing has been scheduled for April 25.
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