THUNDER BAY – A decade-long veteran of the city police force will return to work after pleading guilty to a Police Services Act offence, nearly two years after he punched a defenceless 17-year-old Indigenous male three times in the back of the head.
Const. David Boer on Thursday pleaded guilty to unnecessary exercise of authority at a Police Services Act hearing directed by the Office of the Independent Police Review Director for using unnecessary force while apprehending the complainant.
According to the agreed statement of facts, Boer had been on routine patrol on the night of Aug. 9, 2016 when police received a report of an attempted break and enter attempt in the County Fair area.
Other officers had located two males who matched the suspect descriptions at a nearby grocery store parking lot but Boer found a man walking along the roadway, who upon seeing a police cruiser quickly made his way into a backyard. That prompted a lengthy foot chase which ensued despite Boer identifying himself as a police officer and urging the complainant to stop.
“If you don’t stop running I’m going to kick your ass,” Boer said to the complainant while giving chase.
The pursuit ended when Boer tackled the complainant, but he then landed three closed fist strikes to the back of the complainant's head.
Lawyer Gil Labine, who was representing the complainant at the hearing, said the 17-year-old sustained lacerations to his forehead and bruising to the back of his head, under his right arm and to both wrists.
Labine argued that had he been standing on the road at that time, he would not have had any police interaction. He also pointed out that running from the officer was not a crime and the youth’s reaction was out of fear of coming into contact with police. The complainant was not connected to the original call for service.
The complainant remains traumatized from the incident and is no longer living in Thunder Bay, Labine added.
Police service lawyer Holly Walbourne urged for a one-year demotion from first class constable to second class constable, a penalty that would cost Boer about $20,000 in salary.
Despite Boer’s actions impacting the reputation and undermining the public reputation of the force, Walbourne said the police service is not recommending Boer’s dismissal.
“We think there is a chance of success for this officer,” Walbourne said.
Joanne Mulcahy, the lawyer representing Boer at the hearing, countered with a recommendation for the officer to be docked between eight hours and five days. A five-day penalty would be roughly equivalent to a $2,000 fine.
Mulcahy said the 54-year-old Boer had not faced any prior formal discipline in his policing career, which began after being sworn as a constable in 2007 and included stints as an acting sergeant.
The lawyer said the three strikes were an unnecessary use of force and the actions constituted a huge mistake and a huge error in judgement.
Boer did not attempt to cover up the incident, including the three strikes in his notes and notifying a staff sergeant, Mulcahy added.
Boer asked Labine to pass along his “sincerest apologies” to the complainant and said he takes full responsibility for his poor judgement.
After hearing submissions from Mulcahy, Labine said Boer had otherwise been an exemplary officer and was satisfied the actions were not racially-motivated.
Hearing adjudicator Robert Fitches said he expects to release a decision by Aug. 24. Boer, who had been suspended, can begin to be reinstated while the decision is reserved.
