JUDGE GRANTS OFFICERCONDITIONAL DISCHARGE

A Penticton RCMP officer has been given a conditional discharge after
admitting to kicking a suspect in the head two years ago.

Cpl. Brad Myhre was put on nine months probation and ordered to
perform 50 hours of community service during a sentencing hearing
Thursday in Penticton Provincial Court.

Myhre pled guilty to assaulting Robert William Douglas May 3, 2006
during a drug investigation in Penticton.

In handing down the sentence, Judge Al Betton said the public needs to
recognize the "fine line" under which RCMP operate. While officers are
often put in situations that may risk their safety, he said they are
also required to operate within the bounds of the law. When the
actions of an officer reaches a criminal level, he said one cannot
"wash such conduct under the carpet."

"We (the public) cannot condone violence that goes beyond the law," he
said, while discussing the circumstances leading to the incident.

The assault took place when Myhre and another member of the RCMP drug
task force pulled up to a van that was stopped on the side of the road
on information of a pending drug sale. Douglas, standing outside the
van on the side of the road, was ordered onto his stomach on the
ground as police approached. The female driver and two male occupants
of the van, one of whom had a knife on his lap, were then removed from
the vehicle and placed under arrest on various drug charges.

Douglas claims that when Myhre was removing the woman driver from the
van, he picked up a letter on the dash board of the vehicle. Douglas
stated that when he told Myhre the letter was written by his
girlfriend, Myhre "booted him in the head" and told him to shut up.

Myhre, on the other hand, reported that he administered the kick when
he noticed Douglas was moving his hands from the back of his head.
Myhre said he ordered Douglas to return his hands to his head and when
he did not immediately comply, Myhre said he kicked Douglas. Myhre
said he feared that the well-known criminal with a violent history,
including weapons-related offences, may have been reaching for a
weapon. It was discovered later that Douglas had both a knife and an
asp baton in his backpack. A gun was also later found in the van.

The kick left Douglas with a red mark on his head, but no other
injuries.

In hindsight, Myhre said he knows that he "could and should have"
dealt with the situation in a better manner, pointing out that he
should have waited to see what Douglas was doing before taking action.

Crown counsel Jeff Dyment, who recommended Myhre be given a $500 fine,
said the force was too much considering the "helpless, vulnerable
position" of Douglas face down on the pavement but also noted that the
situation of the arrest was "urgent and tense."

Betton pointed out that Myhre was reacting to movement or perceived
movement of Douglas and admits that his reaction was excessive. If
Myhre had simply kicked the man because he felt he was an "unsavoury
character," the sentence may have warranted something stronger than a
conditional discharge as it may have breached the public trust in the
RCMP.

"This was a difficult situation and (Myhre had) justification for
being on guard," he said, also pointing out letters of support that
indicated Myhre was a well-respected 19-year veteran of the RCMP.
Betton said he decided against placing Myhre under a firearms
prohibition, which Brian Gilson, Myhre's defence council, said would
be detrimental to his work.

Along with the court-ordered sentence, Gilson said Myhre was
reprimanded by the RCMP and was banned for any promotion during the
investigation and court proceedings and was also banned from receiving
a transfer during that time.