Ottawa police officer who stepped on man's neck receives suspended sentence
Const. Goran Beric found guilty of assault, assault with a weapon in October
An Ottawa police officer who stepped on a prone man's neck for more than two minutes and jabbed his head with a baton will avoid jail time, receiving instead a suspended sentence with 30 months probation.
In October, Ontario Court Justice Janet O'Brien ruled that the force Const. Goran Beric used against Derrick Weyman was unreasonable and excessive, and found him guilty of assault and assault with a weapon.
On the night of Aug. 4, 2021, Beric and four other officers responded to reports of a man covered in blood and screaming inside an Ottawa Community Housing building on Bronson Avenue.
On a surveillance video that was shown during the trial, Beric can be seen kicking Weyman in the chest, with Weyman catching the officer's foot before he's taken to the ground by another officer. The video also shows Beric stepping on the man's neck.
O'Brien determined Beric failed to apply his training in the situation, and noted he wasn't there to arrest Weyman for a Criminal Code offence. During sentencing, the judge also noted Weyman wasn't resisting arrest.
False report an aggravating factor
In October, the judge found the officer's testimony contradictory and unreliable. She found inconsistencies between his notes, his testimony and the video evidence.
According to O'Brien, Beric "authored a false report regarding this incident" that "exaggerated Mr. Weyman's aggressiveness and omitted mention of striking him with a baton and standing on his neck."
That false report, which Beric made "before he knew there was a recording," amounted to an aggravating factor, O'Brien said.
Beric admitted his baton had contacted Weyman's head, but maintained during the trial that the level of force he'd used was necessary and reasonable under the circumstances.
Defence lawyer Karin Stein also cited concerns about COVID-19, saying Weyman was rambling incoherently and covered in blood.
A security guard testified the man was acting like a zombie or a person possessed. The defence argued Weyman posed a threat to the public, police and himself.
Defence sought discharge
Stein, who declined to comment immediately following the sentencing, sought a conditional discharge. Alternatively, she sought a suspended sentence, submitting that Beric could lose his job if sent to jail.
The Crown, arguing that a message needs to be sent about the power police yield and the responsibility they hold, sought a custodial sentence of four to six months.
O'Brien noted that while there is precedence for a severe sentence for officers who misuse their power, sentencing is "a profoundly individualized process driven by the unique fact of every offence and unique characteristics of every offender."
In his victim impact statement, Weyman said he felt dehumanized by the encounter and is now afraid of police. He has a hard time remembering the encounter and finds it very upsetting, O'Brien said, noting he was likely suffering a mental health- or drug-related crisis at the time of the assault.
"It is aggravating that Const. Beric stood Mr. Weyman's neck, which could have interfered with Mr. Weyman's breathing or the supply of blood to his head," O'Brien said. "The length of time Const. Beric continued to stand on Mr. Weyman's neck is also aggravating.
"In short, Const. Beric had no regard for the risk his actions had to Mr. Weyman's well-being."
O'Brien noted the case has likely hurt the public's trust in police.
Jail time unnecessary, judge decides
Despite those factors, O'Brien agreed that Beric's actions that August night were out of character, while the defence submitted his actions weren't premeditated.
In the end, O'Brien determined jail time unnecessary.
Among the mitigating factors she considered were Beric's apology, his 14 years of service as a police officer and the commendations he received during that time.
As part of his conditions, Beric must provide a DNA sample. He is not allowed to contact Weyman, unless required by his job, and must remain at least 100 metres away from him. He must also perform 200 hours of community service and may have to undergo counselling.
He won't be allowed to possess a weapon for nine months, including on the job. After that he may have his service weapon, but only during working hours.
Beric was suspended with pay on Oct. 11, 2023.
On Tuesday, the Ottawa Police Service (OPS) said Beric's job status is under review.
"The member remains under suspension at this time. Our Professional Standards Section is reviewing the decision and next steps will be determined in the coming days," OPS said in an email to CBC.
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