C
Classyathome
EDMONTON -- A city cop who drunkenly punched a man on crutches and called a "cripple," and threatened to burn down the home of a security guard who helped the victim, has been fined $500.
Const. Mike Wasylyshen, 33, was also given a criminal record after a judge refused to grant him a discharge for the Dec. 18, 2005, off-duty incident on Whyte Avenue.
"This crime was a crime of violence," said Judge Jeanne Burch, ruling a discharge was not the "right thing" to do.
"This is a crime which is all too prevalent in our community," said Burch, adding drunken assaults and brawls by "hot-headed" louts must be deterred and denounced.
Wasylyshen, who pleaded guilty to two counts of assault, tearfully apologized in court to the judge and the victims, saying he was "very sorry" and has quit drinking.
In exchange for the guilty pleas, a third assault charge and two counts of uttering threats were withdrawn.
The remorseful 10-year veteran police officer and son of former police Chief Bob Wasylyshen must now face an internal police disciplinary hearing for the incident.
Court heard Wasylyshen was celebrating Christmas with some colleagues that night and had consumed a "significant" amount of alcohol.
About 2:30 a.m. the officers went to get a taxi and encountered Devin Stacey, a 22-year-old man who had had knee surgery four days earlier, who was trying to hail a cab using a crutch, said Crown prosecutor Marta Juzwiak.
Wasylyshen began yelling at Stacey and berated him by using foul language and "calling him a cripple," said Juzwiak, adding the two men yelled and swore at each other from across a street and then Wasylyshen crossed over and struck Stacey in the left ear with a closed fist.
Wasylyshen was pulled off by his colleagues, but later followed Stacey when he left with two friends he had called.
The friends ended up fighting Wasylyshen and put him on the ground and punched him several times, court heard.
Two security officers at a nearby Mac's store went over to break it up, but when they got involved, Wasylyshen hit one of them in the face and told the other one that he would burn down his home if he was sober, said Juzwiak.
Outside court, Wasylyshen again apologized to the victims and the community, noting he had embarrassed his family and lost friends, relationships and his reputation.
"I did let the community down and I hope I can regain that trust," said Wasylyshen, adding the experience has "definitely made me a more compassionate person."
Police Chief Mike Boyd said he respects Wasylyshen for admitting his guilt and taking responsibility for his wrongdoings.
Police are people too, he added. And people make mistakes.
"I think the actions that Const. Wasylyshen took today in coming forward and admitting what he did is wrong and saying how remorseful he is right now about what had happened and the fact that he acknowledged wrongdoing and further talked about the actions he's taken to try to deal with his personal problem with alcohol, I think that goes a long way - in my mind - to deal with the credibility of him as a person and as a police officer," Boyd said.
It's not the first time Wasylyshen has been in hot water.
He earned notoriety for repeatedly using his stun gun on an unconscious 16-year-old boy in 2002, which a youth court judge labelled "cruel and unusual" behaviour.
Despite the ruling, prosecutors who reviewed the case decided not to pursue charges against Wasylyshen because they believed he was justified in using his Taser.
In 2003, Wasylyshen was slammed by provincial court Judge Leo Wenden for willfully deceiving a justice of the peace in order to get a search warrant in a drug case.
The judge ruled the more than $45,000 worth of drugs seized in the search was inadmissible because of Wasylyshen's "carelessness bordering on indifference."
What does it take to get a bad leo ousted? Alot, apparently...
Damn, he is an ugly customer - glad the two guys put a beating on his ass...
Son of a top leo, too. And booze was involved.
Wow