THUNDER BAY — Two Thunder Bay Police Service officers found guilty of assault causing bodily harm in separate incidents are planning to appeal their convictions.
Const. Ryan Dougherty received a suspended sentence of one year of probation on March 10 in relation to an incident with a 60-year-old male on Oliver Road near the Thunder Bay Health Sciences Centre on Nov. 8, 2022.
During the trial, held in the summer of 2024, the court heard the victim was apprehended in November 2022 under the Mental Health Act and taken to the hospital. He left the hospital before being discharged and Dougherty, who was there on an unrelated matter, was asked to look for him.
Dougherty found the victim on Oliver Road walking home and tried to apprehend him. A struggle ensue and eventually, the man was on the ground with Dougherty on top of him and the officer punched the man in the head four times.
In a notice of appeal filed April 23, Dougherty states the ground for an appeal are that the “trial judge did not consider all of the evidence as it pertained to the ultimate issue of guilt or innocence, thereby committing an error of law” and that “the trial judge erred in principle when, on sentencing, he did not grant the appellant a conditional discharge.”
The defence had asked for a conditional discharge with two years of probation during a sentencing hearing last fall. A discharge would mean Dougherty would be found guilty but a conviction would not be registered.
Justice Paul O’Marra said it was the number of strikes to the victim’s head which took the sentence out of the conditional discharge realm. The judge also expressed concerns a discharge was in the public’s interest and questioned if it would affect the community’s faith in the Thunder Bay Police Service – something O’Marra acknowledged was already fractured.
The notice of appeal states Dougherty is seeking to have his conviction set aside and granted a new trial, or setting aside his conviction and sentencing him anew.
Const. Andrew Frankow also intends to appeal his case, as he’s filed an application for an extension to file a notice of appeal.
That extension was granted and he has 30 days from May 1 to file a notice of appeal.
In September 2023, Frankow was found guilty of assault causing bodily harm for punching a 33-year-old man in the face in April 2022 in a bus shelter outside of city hall while responding to a call for service.
A sentencing hearing was held in February of 2024 and Frankow received a suspended sentence of two years of probation and 150 hours of community service.
Justice David Gibson said during the sentencing hearing he was impressed with the sophistication of character references Frankow submitted in his defence and that Frankow was a good person.
The judge said he also wanted to ensure there was accountability for what happened because it was a serious situation where a person was hurt and that many people in the community were aware of the case.
