Cop’s assault on litterbug who called him a ‘loser’ was a mistake, court hear ...

A Coquitlam RCMP officer’s assault on a disrespectful motorist was the result of a mistake, according to submissions made at a sentencing hearing on Wednesday.

Const. Marko Duran pleaded guilty in January to one count of assault. The hearing was held at B.C. Provincial Court in Port Coquitlam.

Duran and Const. Trevor Doylend were conducting speed enforcement in Port Coquitlam on June 17, 2010 when they pulled over a 55-year-old man for speeding.

The man was reportedly angry, agitated, verbally aggressive and “less than thrilled” to get pulled over. He got out of his vehicle and walked away.

When the driver returned to his car, he refused the ticket, called Duran a “loser” and threw the ticket out his window. Duran told the man he was under arrest for littering.

Duran and Doylend removed the driver from his car, delivering knee strikes before and after he was brought to the ground. He was not struck after he was handcuffed.

The officers’ supervisor reviewed the file and in-car camera footage which led to charges against both officers. The charge against Doylend was stayed.

The victim was not injured and no charges were laid against him.

A use-of-force expert said in a report referenced in court that littering on a public highway is not an offence for which a person can be arrested, which made the knee strikes an assault.

“Const. Duran simply became frustrated with [the victim] and his frustration or anger overwhelmed his judgment and caused him to act without lawful authority,” said prosecutor Scott Quendack.

Quendack has asked for a period of probation — either in conjunction with a conditional discharge or suspended sentence. A discharge would result in no criminal record.

Defence lawyer David Crossin said Duran simply made an error when he arrested the victim.

“It is clear the assaultive conduct was the result of a mistake,” he said.

Duran did not intend to hurt the motorist and deeply regrets his actions. Particularly, he was affected by the thought of negatively impacting someone he had taken an oath to protect, according to a presentence report.

The mistake was out of character, Crossin said, and “borne more of stupidity than mean spiritedness.” A number of letters of support described Duran as a highly regarded officer and good person.

“This event impacted on him in a profound way,” Crossin said.

Duran has struggled with anxiety and depression since the incident and took stress leave from the RCMP, only recently returning to work at a new detachment. He has been a member for nine years.

A criminal record would negatively affect Duran’s career, although it would not preclude him from being a police officer, Crossin said.

Crossin has asked for an absolute discharge, meaning no probation or criminal record.

A decision on sentencing is expected at a later date.