A New Brunswick judge has found a Campbellton RCMP officer guilty of assault in connection to a violent arrest caught on video almost three years ago.

Provincial court Judge Brigitte Sivret delivered her decision against Const. Pierrick Caron in a packed courtroom Wednesday. Caron was accompanied by his partner, members of his family and colleagues from the RCMP.

In rendering her decision, Sivret said the amount of force Caron used during his arrest of André Mercier was "disproportionate and unreasonable."

"Const. Caron's police intervention towards Mercier ... was not justified, the force used was not necessary and this force was definitely excessive in the circumstances," Sivret said Wednesday.

Caron was charged with assaulting Mercier following an altercation on July 2, 2021 outside a Tim Hortons restaurant on Roseberry Street in Campbellton.

 

Officer found guilty of assault for violent arrest

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The arrest was captured on cell phone camera by passerby Rémi Savoie, who testified at trial that he did so because what was happening didn't seem right.

Caron also testified during his trial last October, saying he had dealt with Mercier earlier in the day when staff at a Sobeys requested that a trespass notice be issued against him.

Caron said he was later called to a disturbance at the Tim Hortons, where he said Mercier appeared to be intoxicated. He also testified he suspected Mercier had committed a robbery, and attempted to arrest him when things escalated.

Caron said he used what he described as a "distraction" technique on Mercier.

He admitted to punching Mercier repeatedly, but said the goal of the blows was to control the situation, not to hurt Mercier.

In giving her verdict, Sivret said she had difficulty with Caron's testimony, noting his version of events were contradicted by eyewitnesses.

"[Caron's] testimony is unreliable and does not represent what happened," Sivret said.

She also said Mercier was known in the community as someone who had mental health challenges, and was known to police. She said comments by Caron led her to believe he had intended to arrest Mercier well before suspecting him of shoplifting.

Caron will be back in court for sentencing on June 11.

An RCMP officer accused of assaulting a man during an arrest says he delivered repeated punches to the man, but these were "distraction blows" to get the situation under control.

Closing arguments have wrapped up Thursday at the trial in Campellton of Const. Pierrick Caron. He won't know the verdict until February.

Caron is accused of assault against André Mercier during an altercation on July 2, 2021, outside a Tim Hortons restaurant on Roseberry Street.  

Testifying in his own defence, Caron said he'd already had dealings with Mercier that day at a Sobeys store in Campbellton.

Called to a disturbance

The store had requested a trespass notice be issued against Mercier, which was done without incident

Later that day, Caron said, he was called to a disturbance at the Tim Hortons, where he said Mercier appeared to be intoxicated.

 

Video shows alleged misconduct by Campbellton police

Duration 1:17

A manager from Tim Hortons, Sabrina Savoie, testified earlier that she called the RCMP because Mercier was inside the restaurant behaving erratically, and staff felt uncomfortable.

Savoie said Caron arrived and tried to persuade Mercier to go outside to talk. Shortly after they left the building, she noticed the two of them in a physical altercation. 

Caron said he suspected after speaking with Mercier that Mercier had committed a robbery.

Things escalated during Caron's attempt to arrest Mercier.

Distraction technique

Caron said he used what he described as a "distraction" technique on Mercier.

He admitted to punching him repeatedly but said the goal of the blows was to control the situation not to hurt Mercier.

Marco Savoie, owner of a nearby gas station, testified that he intervened to help the police officer, who seemed to be having difficulty controlling the man.

Savoie said he held the man's ankles until two other officers arrived.

Rémi Savoie, who recorded the video of the incident, testified he did so because what was happening didn't seem right.

Judge Brigitte Sivret heard from seven witnesses and Caron during three days of testimony.  

A verdict is expected Feb 28.

The case of a Campbellton RCMP officer charged with assault after a brutal arrest in 2021 was caught on videotape and posted on social media has been put off until January after a surprise request from the Crown on Monday.

Pierrick Caron was scheduled to enter a plea and have a trial date set, but Crown prosecutor Karen Lee advised the Campbellton provincial courtroom she wished to proceed instead through restorative justice.

Restorative justice is "considered both a philosophy and a non-adversarial, non-retributive approach to conflict and crime," according to the Department of Justice's website.

"It emphasizes healing in persons harmed, the meaningful accountability of persons responsible for causing harm, and the involvement of community members in creating healthier, safer, and stronger communities."

Caron was charged in June following an independent investigation into the 74-second arrest video, captured on July 2.

It shows an RCMP officer attempting to restrain a man squirming on the ground, later identified as André Mercier.

The officer strikes Mercier several times in the head and upper body, as Mercier cries out and another unidentified individual appears to restrain his legs.

The officer appears to stop briefly, look around, then straddle Mercier and continue to strike him.

Warning: graphic footage

WATCH: Video appears to show officer hitting man several times

Video shows alleged misconduct by Campbellton police

Duration 1:17

Police were responding to calls about a man entering a business while wielding a stick, RCMP said at the time. The man "resisted arrest and an altercation ensued," Sgt. Mario Maillet said.

Quebec's police oversight agency, the Bureau des enquêtes indépendantes, found there were grounds for criminal charges.

The agency submitted a report to New Brunswick's Public Prosecution Services, which found the evidence "met the standard for prosecution," and laid the charge against Caron.

Jan. 9 case management hearing

The Crown made the motion for restorative justice during a brief court appearance over the telephone.

Provincial court Judge Jacques Desjardins granted the request and a case management conference will take place on Jan. 9 at 1:30 p.m.

Leaving the court, defence lawyer Renée Roy said she was surprised by the request and admitted she did not really understand exactly what the Crown was asking for.

The Justice Department website says restorative justice helps address underlying circumstances that contributed to a crime and tries to get everyone affected by the crime to "collaboratively participate in the resolution."

Guilty of obstructing a police officer

As with all previous court appearances, Caron was not present Monday.

Last month, Mercier, 31, pleaded guilty to obstructing the work of a police officer in connection with the incident.

Crown prosecutor Mathieu Pelletier told the court  RCMP received a call about a situation at the Tim Hortons on Roseberry Street. An individual made people "uncomfortable" and possibly committed theft, he said.

Upon his arrival, Caron had a polite discussion with Mercier, according to Pelletier, but things soured when he attempted to bring the suspect outside.

Judge Joanne Durette sentenced Mercier to 60 days in jail.

André Mercier was sentenced last month to 150 days in jail for incidents involving RCMP. (Bridget Yard/CBC)

Mercier also pleaded guilty to resisting arrest, assault and breach of probation in connection with another incident, which occurred on July 7, 2022, and also involved RCMP officers.

While out on patrol, an officer spotted Mercier, for whom there was arrest warrant for failing to appear in court, said Pelletier. The officer called for backup and attempted to arrest Mercier. An altercation ensued with two peace officers, the prosecutor said.

Mercier received an additional 90 days in jail, increasing his total sentence to 150 days. But he had been in custody since July and each day served counts as a day-and-a-half, so he was released immediately.

Mercier, who was representing himself, told the judge that he understood his faults and that he was going to take charge.

"Drug use is your problem, Mr. Mercier," the judge said.

"Yes, I got it," replied Mercier, who left the courthouse with his personal effects in a garbage bag.

The 74-second video shows an RCMP officer attempt to restrain a man, later identified as André Mercier.

After a brief struggle, the officer can be seen striking Mercier several times in the head, upper arm and chest area.

The officer then appears to straddle Mercier while another unidentified individual appears to restrain his legs.

Police were responding to calls about a man entering a business while wielding a stick, the RCMP have said. The man resisted arrest and an altercation ensued, Sgt. Mario Maillet had said.

The officer was not named at the time. But Maillet had said he would be put on administrative duties pending the result of the independent review.

"Out of respect for the legal process, the BEI will not be making any further comments," the BEI spokesperson said.

Department of Justice and Public Safety spokesperson Geoffrey Downey also declined further comment, citing the matter now being before the courts.