Next week’s sentencing hearing for a North Cowichan/Duncan RCMP officer, convicted of aggravated assault for shooting and injuring an unarmed Chemainus man during a traffic stop four years ago, has been delayed.
On Wednesday, Const. David Pompeo’s defence lawyer made an abuse of process application before Judge Josiah Wood in Western Communities provincial court.
After Pompeo was convicted in February, the Crown gave Pompeo’s defence lawyer an indication of what their anticipated sentencing position would be, Neil MacKenzie, communications counsel for the criminal justice branch explained.
“Crown later revised that sentencing position and advised defence counsel they would be seeking a higher sentence than originally indicated. Defence is now asking for an order that the Crown be precluded from advancing the higher sentence position on the basis that in changing the sentencing position there has been an abuse of process contrary to Section 7 of the Charter,” said MacKenzie.
Crown has opposed that application, he said.
Wood has reserved his decision on the application and the sentencing proceedings scheduled for next week have been adjourned.
Depending on what Wood decides, the case will be back in Duncan provincial court on Sept. 3 to set a date for sentencing or to set a date to complete the application.
MacKenzie declined to say what position the Crown initially took on sentencing and what their position is now.
In February, Wood found Pompeo was affected by “fear-induced stress” when he shot William Arthur Gillespie on Sept. 18, 2009.
Wood said he was satisfied that Pompeo believed it was necessary to shoot Gillespie because he believed he faced the imminent threat of grievous bodily harm or death. But Pompeo’s belief was not based on reasonable grounds, Wood found.
In his 83-page judgment, Wood said fear-induced stress caused tunnel vision and affected Pompeo’s ability to estimate time, distance and speed.
Pompeo was convinced Gillespie had a firearm and Pompeo’s rapidly escalating fear and anxiety convinced him he was at risk of being killed.
