WARNING: This story contains video of a police officer pushing over a man in a wheelchair.
A Calgary police officer who pushed over a homeless man — who had been placed in a wheelchair — and kicked him in the face won’t spend any time in jail after a judge handed him a conditional discharge.
Const. Eric Plummer pleaded guilty to assaulting Vincent James Lavoie on November 10, 2019.
Video entered in court as an exhibit shows Plummer pushing over Lavoie, who hospital security had put in a wheelchair and handcuffed after he became combative. Plummer then stepped on his bare foot and kicked him in the face.
On Tuesday, provincial court Judge John Bascom handed Plummer a conditional discharge meaning a criminal record won’t show a conviction if he abides by the conditions for one year.
Bascom also ordered Plummer to complete 50 hours of community service.
The judge noted Plummer was going through a difficult divorce at the time of the incident.
At least 15 Calgary police officers attended court to support Plummer, half a dozen of them in uniform. After court they greeted Plummer with smiles, hugs and handshakes to celebrate his non-custodial sentence.
In a written statement provided to CBC News, a Calgary Police Service spokesperson said its policy prevents officers from attending court while on duty unless they have permission from a supervisor.
“We cannot comment on the particulars of this occurrence, however, we will be reminding all employees of our court attendance policies and procedures now that observers have been allowed to return to the courtroom post pandemic.”
Const. Eric Plummer pleaded guilty to assault for pushing over a man in a wheelchair. He was handed a conditional discharge and a year of probation. Plummer is currently suspended form CPS.
On Nov. 9, 2019, Lavoie had been brought to the South Health Campus because of extreme intoxication, according to details found in an agreed statement of facts (ASF).
When hospital staff and then AHS security tried to discharge Lavoie, he became combative.
‘Answer our questions or … go f–k yourself’
Lavoie was handcuffed, placed in a wheelchair and police were called.
Plummer and his partner showed up, according to the ASF.
“You’re going to answer our questions or you can go f–k yourself,” Plummer said to Lavoie.
The officer then pushed Lavoie, tipping over the wheelchair.
With Lavoie lying on the ground, Plummer then stepped on his bare foot and then kicked the victim in the face causing him to cry out in pain, reads the ASF.
“It’s called gravity,” Plummer said to Lavoie.
AHS security reported Plummer to CPS
Lavoie replied, “You can beat me up all you want, I’m going to commit suicide tonight.”
The two officers left Lavoie on the ground for five minutes.
Ultimately, Lavoie was taken into custody and released the next morning.
Meanwhile, the two AHS officers were concerned about what they’d witnessed.
“They collectively believed that Const. Plummer inappropriately dealt with Lavoie,” reads the ASF.
The pair made the decision to inform the Calgary Police Service’s professional standards section the next day and an investigation was launched.
Plummer is currently suspended without pay from the Calgary Police Service pending an internal disciplinary hearing.