OPP Officer Charged By SIU with dangerous driving

These are violations by the Ontario Provincial Police officers dealing with the Criminal Code of Canada, Controlled Substance and Abuse Act, Customs and Excise Act, etc.

OPP Officer Charged By SIU with dangerous driving

Postby Thomas » Tue Dec 16, 2014 4:38 pm

(LAKESHORE, ON) – The Director of the Special Investigations Unit (SIU), Tony Loparco, has reasonable grounds to believe that an officer with the OPP in Lakeshore committed a criminal offence in relation to the vehicle injuries sustained by a 20 year-old man earlier this year. Director Loparco has caused a charge to be laid against the officer.

The incident occurred on October 24, when, shortly after 2:00 pm, Provincial Constable Jamie Porto, in an OPP cruiser travelling on County Road 42 in St Joachim, collided with a civilian vehicle at the intersection of northbound County Road 31. As a result of the collision, the driver of the civilian vehicle sustained serious injuries.

As a result of the SIU investigation, Constable Porto is facing one charge of dangerous driving causing bodily harm.

Porto is required to appear before the Ontario Court of Justice in Windsor on January 22, 2015.

http://www.windsorsquare.ca/archives/78 ... ged-by-siu
Attachments
Collision 4.jpg
Photo of the collision
Thomas, Administrator

User avatar
Thomas
Site Admin
 
Posts: 2562
Joined: Sun Mar 25, 2012 5:18 pm
Location: Canada

SIU charges Lakeshore officer with dangerous driving

Postby Thomas » Tue Dec 16, 2014 4:40 pm

A Lakeshore, Ont. police officer has been charged with dangerous driving causing bodily harm by the Ontario Provincial Police's Special Investigations Unit (SIU).

In October, the officer was driving an OPP cruiser on County Road 42 in St. Joachim when it collided with another vehicle.

The driver of that vehicle, a 20-year-old man, sustained serious injuries.

An investigation by the SIU followed and, as a result, the officer faces one charge of dangerous driving causing bodily harm.

The Lakeshore officer is set to appear before a Windsor court on January, 22, 2015.

http://www.cbc.ca/news/canada/windsor/s ... -1.2875198
Thomas, Administrator

User avatar
Thomas
Site Admin
 
Posts: 2562
Joined: Sun Mar 25, 2012 5:18 pm
Location: Canada

Lakeshore OPP officer to face criminal driving charge

Postby Thomas » Tue Dec 16, 2014 4:42 pm

A Lakeshore OPP officer is facing a charge of dangerous driving causing bodily harm as a result of a crash with a civilian vehicle in St. Joachim this fall.

Ontario’s Special Investigations Unit announced on Tuesday that it has determined there are reasonable grounds to charge Const. Jamie Porto of Lakeshore OPP with a criminal offence for the incident that happened on Oct. 24.

Porto was driving an OPP cruiser on County Road 42 in St. Joachim around 2 p.m.

At the intersection with County Road 31, Porto’s cruiser collided with a vehicle driven by a 20-year-old male.

Both drivers were taken to hospital. Porto was treated and released the same day.

The 20-year-old driver suffered serious injuries.

Porto is due to appear in provincial court in Windsor on Jan. 22.

http://blogs.windsorstar.com/news/lakes ... e-says-siu
Thomas, Administrator

User avatar
Thomas
Site Admin
 
Posts: 2562
Joined: Sun Mar 25, 2012 5:18 pm
Location: Canada

Lakeshore OPP officer charged after St. Joachim crash: SIU

Postby Thomas » Tue Dec 16, 2014 4:43 pm

A Lakeshore OPP officer is facing a dangerous driving charge after a collision involving a police cruiser, according to Ontario’s Special Investigations Unit.

SIU director Tony Loparco says there are reasonable grounds to believe that the officer committed a criminal offence in relation to the vehicle injuries sustained by a 20-year-old man.

The incident took place around 2 p.m. on Oct. 24, 2014. The SIU report says an officer in an OPP cruiser travelling on County Road 42 in St. Joachim collided with a civilian vehicle at the intersection of northbound County Road 31.

The driver of the civilian vehicle sustained serious injuries.

As a result of the SIU investigation, OPP Const. Jamie Porto is charged with dangerous driving causing bodily harm.

The officer is required to appear before the Ontario Court of Justice in Windsor on Jan. 22, 2015.

http://windsor.ctvnews.ca/lakeshore-opp ... -1.2150441
Thomas, Administrator

User avatar
Thomas
Site Admin
 
Posts: 2562
Joined: Sun Mar 25, 2012 5:18 pm
Location: Canada

OPP officer faces charge in collision

Postby Thomas » Wed Dec 17, 2014 3:21 am

MISSISSAUGA, Ont. - The province's police watchdog has charged an Ontario Provincial Police officer with dangerous driving in connection with a crash near Windsor, Ont., that seriously injured a 20-year-old man.

The Special Investigations Unit says the incident occurred on Oct. 24 when an OPP cruiser collided with a civilian vehicle at an intersection in St. Joachim.

The watchdog has now charged Const. Jamie Porto, with the force's Lakeshore detachment, with dangerous driving causing bodily harm.

An agency spokeswoman refused to say whether Porto was responding to a call at the time of the crash, saying the matter is now before the courts.

Porto is due in court Jan. 22.

The SIU is an arm's length agency that investigates reports involving police where there has been death, serious injury or allegations of sexual assault.

http://www.insidehalton.com/news-story/ ... collision/
Thomas, Administrator

User avatar
Thomas
Site Admin
 
Posts: 2562
Joined: Sun Mar 25, 2012 5:18 pm
Location: Canada

OPP officer charged after serious crash near Windsor, Ont.

Postby Thomas » Wed Dec 17, 2014 3:22 am

MISSISSAUGA, Ont. -- The province's police watchdog has charged an Ontario Provincial Police officer with dangerous driving in connection with a crash near Windsor, Ont., that seriously injured a 20-year-old man.

The Special Investigations Unit says the incident occurred on Oct. 24 when an OPP cruiser collided with a civilian vehicle at an intersection in St. Joachim.

The watchdog has now charged Const. Jamie Porto, with the force's Lakeshore detachment, with dangerous driving causing bodily harm.

An agency spokeswoman refused to say whether Porto was responding to a call at the time of the crash, saying the matter is now before the courts.

Porto is due in court Jan. 22.

The SIU is an arm's length agency that investigates reports involving police where there has been death, serious injury or allegations of sexual assault.

http://toronto.ctvnews.ca/opp-officer-c ... -1.2150694
Thomas, Administrator

User avatar
Thomas
Site Admin
 
Posts: 2562
Joined: Sun Mar 25, 2012 5:18 pm
Location: Canada

OPP Constable Jamie Porto Facing Charge of Dangerous Driving

Postby Thomas » Wed Dec 17, 2014 3:26 am

OPP Constable Jamie Porto Facing Charge of Dangerous Driving Causing Bodily Harm SIU DEC 16, 2014

The Director of the Special Investigations Unit (SIU), Tony Loparco, has reasonable grounds to believe that an officer with the Ontario Provincial Police (OPP), Lakeshore Detachment, committed a criminal offence in relation to the vehicle injuries sustained by a 20-year-old man earlier this year. Director Loparco has caused a charge to be laid against the officer.

The incident occurred on October 24, 2014. Shortly after 2:00 p.m., an officer in an OPP cruiser travelling on County Road 42 in St. Joachim collided with a civilian vehicle at the intersection of northbound County Road 31. As a result of the collision, the driver of the civilian vehicle sustained serious injuries.

As a result of the SIU investigation, OPP Constable Jamie Porto is facing one charge of dangerous driving causing bodily harm, contrary to s. 249(3) of the Criminal Code of Canada.

The officer is required to appear before the Ontario Court of Justice at 200 Chatham Street East in Windsor on January 22, 2015. The Justice Prosecutions branch of the Ministry of the Attorney General will have carriage of the prosecution.

As this matter is now before the courts, and in consideration of the fair trial interests of the charged officer and the community, the SIU will make no further comment pertaining to this investigation.

The SIU is an arm’s length agency that investigates reports involving police where there has been death, serious injury or allegations of sexual assault. Under the Police Services Act, the Director of the SIU must:

    - consider whether an officer has committed a criminal offence in connection with the incident under investigation
    - depending on the evidence, lay a criminal charge against the officer if appropriate or close the file without any charges being laid
    - report the results of any investigations to the Attorney General.

http://cornwallfreenews.com/2014/12/opp ... c-16-2014/
Thomas, Administrator

User avatar
Thomas
Site Admin
 
Posts: 2562
Joined: Sun Mar 25, 2012 5:18 pm
Location: Canada

Trial begins for OPP officer charged with dangerous driving

Postby Thomas » Wed Nov 16, 2016 2:43 pm

The trial has begun for a Lakeshore OPP officer charged with dangerous driving after a crash involving a police cruiser.

The incident involving OPP Const. Jamie Porto took place around 2 p.m. on Oct. 24, 2014 in St. Joachim.

The SIU report says an officer in an OPP cruiser travelling on County Road 42 collided with a civilian vehicle at the intersection of northbound County Road 31.

The driver of the civilian vehicle sustained serious injuries, including a cracked rib, the court heard Tuesday.

As a result of the SIU investigation, Porto is charged with dangerous driving causing bodily harm.

The trial will continue in Superior Court on Wednesday afternoon, with the defence expected to start on Thursday.

CTV’s Michelle Maluske has details from court on Tuesday:

http://windsor.ctvnews.ca/trial-begins- ... -1.3161737
Thomas, Administrator

User avatar
Thomas
Site Admin
 
Posts: 2562
Joined: Sun Mar 25, 2012 5:18 pm
Location: Canada

TRIAL BEGINS FOR ESSEX COUNTY OPP OFFICER CHARGED WITH DANGE

Postby Thomas » Wed Nov 16, 2016 2:44 pm

The trial of an Essex County OPP officer charged with dangerous driving causing bodily harm is under way.

Constable Jamie Porto was rushing to the scene of a fiery crash in October 2014 when he struck another car on County Rd 42 and County Rd 31 in St. Joachim.

The court heard Porto was in a stealth OPP cruiser with lights and sirens activated.

He was driving 178 km/hour seconds before the crash and 133 km/h on impact.

The car was driven by Ryan Coombs who testified he did not see or hear Porto's vehicle before the crash.

Porto's defence suggested Coombs wasn't paying attention because there was nothing to impede Porto's vision that day.

Lisa Holmes was putting her two daughters in a stroller at the corner and witnessed the crash describing it as terrifying.

"The vehicle ended up crashing into the gas pump. When it crashed into the gas pump and the impact had stopped that's when I realized we almost just died," said Holmes outside of the Superior Court House.

Coombs suffered two broken ribs and a concussion.

The trial is scheduled for four days.

http://www.iheartradio.ca/am800/news/tr ... -1.2189924
Thomas, Administrator

User avatar
Thomas
Site Admin
 
Posts: 2562
Joined: Sun Mar 25, 2012 5:18 pm
Location: Canada

Essex OPP officer on trial for high-speed crash that injured

Postby Thomas » Wed Nov 16, 2016 2:45 pm

Essex OPP officer on trial for high-speed crash that injured bystander

Essex OPP Const. Jamie Porto was driving 178 km/h through the small community of St. Joachim when he smashed into another car, injuring the driver and taking out a gas pump and the front porch of a house, his dangerous driving trial heard Tuesday.

Porto was one of several officers from across the county who were responding to a car crash on Rochester Town Line in Lakeshore on Oct. 24, 2014. At first, officers thought it was serious accident — the T-intersection of Auction Side Road where it occurred was notorious for fatal crashes. As it turned out, the extent of the injuries was a reaction to the chemicals from a deployed airbag on the face of one of the drivers, the trial heard.

Porto, 34, is charged with dangerous driving causing bodily harm in relation to the crash at County Road 42 and County Road 31, better known as French Line, in St. Joachim. The speed limit where the crash occurred was 50 km/h. Porto was charged by the province’s Special Investigations Unit, a police watchdog agency that investigates incidents in which police officers kill or seriously injure someone.

Ryan Coombes was a young driver, with just his G2 licence, taking his parents’ silver Volkswagen Passat for a drive that day. He was on his way home to St. Joachim from returning a movie at a rental store in Belle River when he was struck from behind by an oncoming police cruiser.

Coombes testified he was turning left onto County Road 31 from County Road 42. The next thing he remembered, people were waking him up and asking if he was OK.

“I don’t remember much,” he said.

Coombes suffered a concussion and two broken ribs.

The trial heard Porto was driving eastbound on County Road 42 in the westbound lane and hit the car Coombes was driving on driver’s side near the back of the car. The force of the crash spun the Volkswagen through the intersection into a gas station and garage on the corner.


Darlene Trepanier, who owns the business with her husband, testified she was outside when she saw Coombes’s car turning at the intersection with the cruiser racing up behind.

“It didn’t look like a good combination,” she said, explaining she anticipated the crash about to happen.

She ran to the garage bay door and turned off the power to the gas pumps inside. Fearing someone might hit a pump and cause an explosion, she warned her family and staff working inside.

Lisa Holmes was one of Trepanier’s customers that day. She was having new tires put on her minivan and was taking her two young daughters for a walk while the work was being done.

She was buckling her baby into the stroller when she heard screeching tires. She looked up to see a car spinning toward them. “There was a shower of glass,” Holmes said. She covered her face with her arm and shielded her children with her body. The car came within five feet of where they were standing.

Workers were installing a new gas line near the intersection at the time of the crash. Backhoe operator Frank Apollonio said the cruiser “flew by” with lights and sirens going.

Defence lawyer Dan Scott asked Apollonio if he ever saw the silver VW get out of the way. Apollonio said he didn’t think that would have been possible.

“He was going so fast I don’t think the kid would have seen him.”

Porto was driving what police call a “stealth cruiser” with “subdued markings.” Court heard it’s normally used to catch speeders.

A prosecutor from the Crown attorney’s office in Toronto is handling the case. The trial is scheduled for four days before Superior Court Justice Bruce Thomas.

http://windsorstar.com/news/local-news/ ... -bystander
Thomas, Administrator

User avatar
Thomas
Site Admin
 
Posts: 2562
Joined: Sun Mar 25, 2012 5:18 pm
Location: Canada

OPP officer on trial for dangerous driving blames other driv

Postby Thomas » Sat Nov 19, 2016 3:24 am

OPP officer on trial for dangerous driving blames other driver for crash

An OPP officer on trial this week for crashing his cruiser while driving 178 km/h in St. Joachim blamed the driver he hit and injured for causing the accident.

Const. Jamie Porto took the witness stand Thursday and insisted there was nothing unsafe about the way he was driving through the 50 km/h zone on Oct. 24, 2014. Porto said he was responding to what he believed was a serious crash on Rochester Town Line at a T-intersection known for fatalities.

“You are trained to get to the call as fast as you can in a safe manner,” Porto testified.

Porto, 34, is charged with dangerous driving causing bodily harm in relation to the crash. He was driving eastbound on County Road 42 in the westbound lane when he struck a Volkswagen Passat turning south on County Road 31, also known as French Line.

The Volkswagen spun through the intersection taking out a pump at a gas station on the corner. Porto’s unmarked cruiser struck a house, demolishing the front porch.


Porto testified he had slowed as he approached the village. Court has heard the cruiser’s data recorder showed Porto was travelling 178 km/h four seconds before the crash. Prosecutor Peter Scrutton pointed out that by Porto’s own admission, he would have been driving even faster before that.

Porto said he had no idea how fast he was driving until the data from his cruiser was retrieved. He said at high speeds you can never take your eyes off the road, even to check the speedometer.

Porto testified he saw the Passat ahead of him. The vehicle was stopped, Porto said. He thought the driver had stopped rather than pulling to the right, to allow the cruiser to pass.

Porto said he didn’t see the Passat’s turn signal flashing.

“Is that because you were driving way too fast,” Scrutton asked.

Porto was unequivocal in his response. “No.”

Porto said the driver of the Passat committed two infractions. He did not pull over to let Porto pass and he turned left when it was not safe to do so.

“I cannot control that people do not obey the law, sir,” Porto responded to Scrutton’s suggestion Porto was approaching too quickly for the other driver to react.

According to the data recorder, Porto did not brake or turn the wheel to avoid the crash until half a second before impact. In that split second, the cruiser slowed to 156 km/h, the speed upon impact.

Court heard that, while the OPP has policies regarding high-speed pursuits, there is no policy about speeds officers can drive to respond to calls.

“You are not entitled to endanger the public because you are responding to a priority call,” Scrutton suggested. Porto agreed.

Porto testified he broke his left hand in the crash. The other driver, 19 at the time, suffered a concussion and two broken ribs.

Porto was charged after the province’s Special Investigations Unit took over the case. The agency investigates incidents in which officers kill or injure members of the public.

Superior Court Justice Bruce Thomas will hear closing submissions from the Crown and defence lawyer Dan Scott Friday and intends to rule on the case next month.

http://windsorstar.com/news/local-news/ ... -for-crash

http://www.ottawacitizen.com/news/offic ... story.html
Thomas, Administrator

User avatar
Thomas
Site Admin
 
Posts: 2562
Joined: Sun Mar 25, 2012 5:18 pm
Location: Canada

Essex County OPP officer found guilty of dangerous driving

Postby Thomas » Fri Dec 16, 2016 5:03 am

Essex County OPP officer found guilty of dangerous driving causing bodily harm

A Windsor defence lawyer said Thursday there will be a “chilling effect” on the way police respond to emergencies after an Essex County OPP officer was found guilty of dangerous driving causing bodily harm.

Const. Jamie Porto, 34, was found guilty for slamming into a vehicle at high speed while responding to another car crash on Oct. 24, 2014.

“I don’t think it’s just left with the OPP,” said defence lawyer Dan Scott. “I think you’re going to have difficulty finding any police service, any police officer, rushing to any emergency now. It has a chilling effect and quite frankly, whether the decision is right or wrong, I think people that could have been saved won’t be.”

Porto was driving through St. Joachim on County Road 42 in the westbound lane when he struck a Volkswagen Passat that was turning south onto County Road 31. Justice Bruce Thomas said the Passat had its left signal light on. Porto hit the Volkswagen when he moved into the left lane just as it was turning.

The officer, in a 50 km/h zone, was travelling 178 km/h four seconds before impact. Thomas said Porto would have passed through a construction zone and a school zone going that fast.


The cruiser’s data recorder revealed that Porto did not brake or turn the wheel to avoid a crash until half a second before impact. Thomas said Thursday that Porto’s cruiser was doing 133 km/h when it hit the Passat.

The impact sent the Volkswagen spinning through the intersection, taking out a pump at a gas station on the corner. Porto’s unmarked cruiser went skidding across a lawn into a house, destroying the front porch.

Several officers including Porto testified they were responding to an accident where they thought a woman was on fire. Other officers also testified that they saw nothing wrong with how fast Porto was driving.

“I disagree,” Thomas said.

He said Porto “should have foreseen danger” travelling through the “sleepy village” at 3½ times the speed limit. He said a reasonable police officer would have slowed down and stayed in his lane until he was sure where the Passat was going.

Regardless of the crash, Thomas said he would have found Porto guilty of dangerous driving for the way the cruiser “rocketed” past construction and school zones.

“He was an articulate, straightforward witness,” Thomas said of the officer. “His evidence, however, does not assist him.”

Porto, clearly stunned, sat alone at the defence table with his face in his hands after hearing the verdict. He left the courthouse without commenting.

“He is devastated,” said Scott. “It’s difficult in today’s age when it’s so easy to bash the police. It seems when they’re trying to do the right thing and in their mind save somebody’s life, that now they’re second-guessed on everything they do. God help us.”

Scott wouldn’t say if he plans to appeal. A sentencing date has not been set. But Scott said it’s unlikely that Porto will do jail time. Scott also said that dismissal is not automatic for Porto — who has not been suspended from duty — following his conviction.

“The Ontario Provincial Police remain very supportive of him because, quite frankly, he was out there doing the job that’s expected and this is collateral damage,” said Scott.

http://windsorstar.com/news/local-news/ ... odily-harm
Thomas, Administrator

User avatar
Thomas
Site Admin
 
Posts: 2562
Joined: Sun Mar 25, 2012 5:18 pm
Location: Canada

ESSEX COUNTY OPP OFFICER FOUND GUILTY IN 2014 CRASH

Postby Thomas » Fri Dec 16, 2016 5:04 am

An Essex County OPP officer has been found guilty of dangerous driving causing bodily harm in a 2014 crash in St. Joachim.

Constable Jamie Porto was rushing to the scene of what he believed was a fiery crash with a woman's face on fire in Lakeshore when he hit another car on County Rd 42.

The driver of the car, Ryan Coombes, suffered some broken ribs and a concussion.

Coombes had not pulled over and testified he never saw the OPP cruiser with its lights and sirens activated.

The court heard Porto was driving 178 km/hour seconds before impact.

Justice Bruce Thomas found Porto should have slowed down in the area which consisted of a community safety zone, an elementary school and a construction zone.

Justice Thomas said regardless of the crash, Porto would have been found guilty of dangerous driving for speeding.

"The failure of Coombes (to pull over) does not excuse the actions of the officer," ruled Justice Thomas.

Porto's lawyer Dan Scott says Porto is shocked by the conviction.

"He is devastated," said Scott outside of the courthouse. "In today's age when it is so easy to bash the police, it seems when they are trying to do the right thing and in their mind trying to save somebody's life, that now they are second guessed on everything they do and God help us."

Scott believes there will be a huge impact on policing because of this decision.

"I think you are going to have difficulty finding any police service, any officer rushing to any emergency situation now. It has a chilling effect whether the decision is right or wrong, I think people who could have been saved, won't be."

A date for sentencing will be set January 6th.

The conviction does not mean Porto is dismissed from the OPP and he has been working the entire time.

http://www.iheartradio.ca/am800/news/es ... -1.2278912
Thomas, Administrator

User avatar
Thomas
Site Admin
 
Posts: 2562
Joined: Sun Mar 25, 2012 5:18 pm
Location: Canada

Lakeshore OPP officer found guilty of dangerous driving

Postby Thomas » Fri Dec 16, 2016 5:06 am

HL: Lakeshore OPP officer found guilty of dangerous driving

A Lakeshore OPP officer has been found guilty of dangerous driving causing bodily harm.

Const. Jamie Porto was involved in the crash on Oct. 24, 2014 in St. Joachim.

The SIU report said an officer in an OPP cruiser travelling on County Road 42 collided with a civilian vehicle at the intersection of northbound County Road 31.

The driver of the civilian vehicle sustained serious injuries, including a cracked rib, the court heard in November.

Justice Bruce Thomas told the court on Thursday even if there had been no accident, he would have found Porto guilty of dangerous driving for going 178 kilometres an hour in the 50 km/hr zone in St. Joachim.

He says officers, while appreciated for doing an important job, of responding when someone is in trouble, does not mean they are above the law.

Thomas told the court officers need to be held to the same standard as average citizens with respect to abiding by the criminal code and traffic laws.

Porto stayed seated in the courtroom after the case was adjourned and didn't face the 15 people who were here to support him.

Sentencing is set for Jan. 6.

http://windsor.ctvnews.ca/lakeshore-opp ... -1.3205256
Thomas, Administrator

User avatar
Thomas
Site Admin
 
Posts: 2562
Joined: Sun Mar 25, 2012 5:18 pm
Location: Canada

OPP no longer rush to calls, officer found guilty of dangero

Postby Thomas » Wed Feb 08, 2017 2:39 pm

OPP no longer rush to calls, officer found guilty of dangerous driving tells court

“We get there when we get there” is the new OPP mindset, an officer found guilty of dangerous driving said Tuesday in court.

Const. Jamie Porto, who crashed his cruiser into another car while racing through the sleepy village of St. Joachim in 2014, said he and his fellow officers don’t speed to calls anymore.

Porto made the comments in a letter to court read aloud by his lawyer at his sentencing hearing Tuesday. In it, Porto said he “focuses” on his speed when responding to calls. “I no longer rush anywhere.” Fellow officers now do the same, he said.

Porto, a police officer for 10 years, was found guilty of dangerous driving causing bodily harm for the Oct. 24, 2014 crash on County Road 42 at County Road 31. He was speeding to a call when he drove into a car ahead of him that was making a left turn.

Porto drove 178 km/h past a school and a construction zone.

Ryan Coombs, the other driver, suffered two broken ribs and a concussion. The crash sent Coombs’s Volkswagen Passat spinning through the intersection, nearly missing a mother and her two young children who were crossing the road. The Passat took out a gas pump. Porto’s cruiser hit a nearby house, destroying the front porch.

Porto was charged by the Special Investigations Unit, a police watchdog agency that investigates instances where officers injure or kill members of the public or are accused of sexual assault.

At trial, Porto blamed Coombs for the crash. But, in his statement to the court Tuesday, Porto took responsibility, leading with an apology to Coombs and others.

Defence lawyer Dan Scott asked Superior Court Justice Bruce Thomas to hand Porto an absolute discharge with a fine. Such a sentence would spare Porto a criminal record and the automatic licence suspension that comes with a conviction for dangerous driving.

Porto himself implored the judge not to jeopardize his driving privileges. His wife works full time as a hospital lab technician, he said, and he needs to be able to shuttle their children, 3½ and 1½, to daycare each day.

With his wife wiping tears in the public gallery behind him, Porto told the judge that not being able to help his wife with the children would only serve to “punish” her and his family.

Assistant Crown attorney Peter Scrutton said he believes Porto has learned from the crash and the criminal charges that followed and will be deterred from driving dangerously ever again.

But, Scrutton said, handing the officer a discharge of any kind, would serve as no deterrence to others.

“It’s no exaggeration to say a number of people could have very easily been killed,” he said of the manner in which Porto was driving.

A discharge would send “no punitive or deterrent denunciatory” message to the public, Scrutton said. Scrutton said Porto should be banned for driving for one year and be fined $2,500 – the conviction being registered on a criminal record that would follow Porto with no chance of a pardon for 10 years.

Scott said regardless of what sentence Thomas imposes, Porto will be charged under the Police Services Act with discreditable conduct. “An investigation is underway,” Scott said.

Speaking from his experience representing police officers, Scott told the court Porto likely will be demoted for a year, costing him $15,000 in salary.

Scott asked Thomas to consider the demotion collateral punishment that warrants leniency in sentencing.

Apart from time he was off work with a broken hand he suffered in the crash, Porto has remained on the job.

Scott said the judge could still impose a monetary penalty without it being termed a fine. The judge could order Porto to make a donation to charity or impose an elevated victim fine surcharge — a payment people found guilty must make to the courts to assist victims of crime.

Thomas reserved his decision, saying he needs time to consider legal precedents. He said he found making a decision after trial to be straightforward, but crafting a sentence will be “more difficult.”

Thomas said he will sentence Porto next month.

http://windsorstar.com/news/local-news/ ... ells-court

http://windsor.ctvnews.ca/fate-of-lakes ... -1.3274982

http://www.iheartradio.ca/am800/news/op ... -1.2387682
Thomas, Administrator

User avatar
Thomas
Site Admin
 
Posts: 2562
Joined: Sun Mar 25, 2012 5:18 pm
Location: Canada

Next

Return to Federal Statutes Violations

Who is online

Users browsing this forum: No registered users and 2 guests

cron