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A bad cop – or a sick one?
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Everyone agrees with Toronto Police Const. Douglas “James” Holmes is in trouble: He has been convicted of assault causing bodily harm for breaking a cyclist’s shoulder and misconduct before a police tribunal for angrily taunting superior officers and another citizen. has been found guilty of several other counts.
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The prosecutor wants him fired. “Any sanction for a reduction in dismissals would be unreasonable,” said the inspector. Elizabeth Benoit.
Oliver Santiago, the man he attacked, wholeheartedly agrees. “When an officer abuses his power and engages in criminal behavior, it not only undermines the integrity of the law enforcement profession but also undermines the public’s trust and confidence,” he said. told the hearing.
On sick leave from 2020, Holmes also admitted that his behavior was “horrendous” and that he should never wear the uniform again. But he blames his mistreatment on the job on PTSD he got on the job and wants to be demoted — not fired — so TPS can continue the disability he gets from the Workplace Safety and Insurance Board. .
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“The profession has ruined him,” lawyer David Butt argued to the inspector. Susan Gomez Tuesday. “James Holmes gave his health to this community.”
His lawyer insisted that a number of “horrific events” had taken their toll – suicide, child deaths – and Holmes owed more than the door. “You don’t just throw up your hands and walk away.”
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Holmes’ history of discipline dates back to 2012 when he was found guilty of disorderly conduct after posting a photo of a police officer on Facebook with the caption: “I’ll kick your a** and I will survive.”
Well, no he didn’t get away with it – at all.
In 2019, Holmes was convicted of assault causing bodily harm for the aggressive arrest of cyclist Oliver Santiago. A judge found Holmes, who was overseeing a union protest at the base on Yonge St., used excessive force to push Santiago to the ground after he stopped her from running a red light to give her identification. I was hesitant.
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Santiago landed face first on the floor, breaking his helmet and breaking his shoulder and leg.
“This was a relatively minor traffic offense by a lad on a motorbike,” wrote Justice Susan Chapman. “I think PC Holmes was disappointed with Mr. Santiago For not immediately complying with her demands, and that was the reason why he pushed her quite hard from behind while he was standing on his bike.
Santiago later pleaded guilty to red-driving and was fined $325. Holmes received a suspended sentence.
Placed on administrative duties, Holmes soon became more angry, the prosecutor said. While on duty in 2018, pulling out of the 52 Division parking lot, he got into a shouting match with another cyclist for going the wrong way, telling him “all millennials are dicks and it’s f*** -You have a whole generation.”
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In texts and emails while on sick leave, Holmes called superiors and co-workers “dummies,” “snakes in the grass” and “idiots,” and charged a sergeant with contempt for providing hearing documents. demanded to do. “The next time a TPS member is caught trespassing on my property, they will not leave as soon as they enter,” he warned.
He used a profanity-laced slur to describe the female sergeant, telling her: “You’re a terrible person and karma will catch up with you.”
His attorney, who eventually pleaded guilty to eight counts of aggravated assault by Holmes, argued that the hearing process had only fueled his nightmares, alcoholism, and anxiety symptoms, and urged Gomez that Holmes be placed on the payroll, so he can employ 15 people. % of his salary he will receive in addition to his WSIB benefits.
Butt asked, “Let me get this straight – the service is going through all of this,” for the net benefit of saving 20K a year on a $1.16 billion budget? Why are we here? It’s trivial.”
Gomez has reserved his decision.
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