An acquittal has been upheld in a 2019 incident which involved an arrest and injury to a Tyendinaga Mohawk Territory man.
The Ontario Court of Appeal announced its decision on Friday to uphold Justice Patrick Hurley’s December 2023 ruling to acquit Constable Paul Fyke on charges of assault causing bodily harm in an altercation with Mario Baptiste Jr. along with fellow officer Constable Jeffrey Smith.
The incident began after Fyke suspected there had been a theft of a beverage from the Lowe’s hardware store in Belleville in November of 2019.
The two officers then went to a Taco Bell restaurant in the city, where two men were arrested and Baptiste was involved in a struggle with Fyke and other officers which caused bodily harm.
The Crown appealed Justice Hurley’s decision, stating it must have been made through ‘errors of law.’
Meanwhile, Smith was previously found not guilty of assault causing bodily harm, but did receive a conditional discharge and 12 months probation, along with community service for common assault.
(BROCK ORMOND)
