Warning: The above video shows an assault and may be disturbing to some viewers.
A judge told a former city police officer he should have known better than to engage in a confrontation with a young teenager, describing it as "an egregious incident that went too far."
James Bryson, 42, was in a Sault Ste. Marie courtroom last week to be sentenced for assaulting a 14-year-old during a heated argument at a Second Line West business.
Both were aggressive, said Ontario Court Justice Heather Mendes, "but you are a grown individual who should have had the presence of mind to walk away.”
The March 5, 2023 incident occurred at the gas pumps at the Airways General Store, near Airport Road, and was captured by a surveillance camera.
Bryson pleaded guilty to the charge in November.
During the sentencing hearing, the court viewed the four-minute video, heard a victim impact statement written by the boy's mother, and received a nine-page medical record from the Sault Area Hospital.
The video showed the accused approaching the teen, confronting him, and taking out his phone to grab a photo.
The teen, whose response throughout their interaction was laced with expletives, knocked it out of his hand.
A physical altercation occurs that sends the youth to the ground.
The man retrieves his phone and again moves toward the youth, who again swats it away.
Bryson attempts to pull him over the snowmobile.
The Crown urged the judge to impose a suspended sentence and to place Bryson on probation for 12 months.
The defence called for a conditional discharge with one-year probation. (A conditional discharge is a finding of guilt but with no conviction registered, as long as the person does not breach probation.)
Prosecutor Adam Lachance argued that a discharge isn't appropriate in this case.
Noting Bryson has no criminal record, and his early plea is an expression of remorse, he argued a discharge isn't in the public interest.
He pointed to the impact Bryson's actions have had on a young victim.
What occurred affected him and his health, the Sudbury assistant Crown attorney told the court.
Defence lawyer Eric McCooeye described the victim as a large, very aggressive 14-year-old who doesn't look his age.
He also maintained that his client "had every right" to take photos of the complainant.
Bryson wasn't out to exact vengeance, McCooeye said, and wanted a photo to provide evidence to police regarding damage to his property.
His guilty plea not only saved a lot of court resources, but saved a minor from having to testify at a trial and is an indication of remorse, the defence told Mendes.
He "is sorry this event ever occurred" and "it is regrettable that it involved a minor."
McCooeye suggested it's not in the public interest to saddle someone with his client's background with a criminal record.
Bryson was an officer with the Thunder Bay Police Service from 2005 to 2017 and joined the Sault city police in 2018.
He is no longer with the local police service and wasn't a member at the time of the incident.
Mendes said she has concerns about community members taking matters into their own hands.
But after seeing the video, and how the incident escalated, the judge said there were triable issues.
She granted Bryson a conditional discharge and placed him on probation for 12 months.
During that time, he must take anger management counselling, can have no contact with the complainant and must remain 100 metres away from him.