RCMP officer avoids jail time
An RCMP officer who pleaded guilty to assaulting a prisoner in his care will not be facing any jail time.
Const. Desmond Sandboe was sentenced in an Edmonton courtroom Wednesday morning. The judge handed Sandboe a six month conditional sentence and placed him under house arrest for three months. Following that, Sandboe will have to abide by a curfew from 9 a.m. to 3 p.m. for three months.
Sandboe spoke to CTV News after his sentencing. He says he's glad the ordeal is over.
"It's a crucial, horrible decision that I made," said Sandboe. "This is a new chapter in my life and I'm hoping to move forward and make the best of things."
The officer was charged after an incident caught on cell block video showed Sandboe assaulting 33-year-old Andrew Clyburn at the Lac La Biche RCMP detachment on Sept. 13, 2009.
Clyburn claims that he did nothing to provoke the beating. He says Sandboe mispronounced his last name and when he corrected him, Sandboe lost it. The video (with no sound) shows Sandboe lunging at Clyburn and appears to smash his head into the wall twice.
The incident was reported to the RCMP Detachment Commander who then referred it to the Alberta Serious Incident Response Team (ASIRT).
Edmonton lawyer Tom Engel, who is representing Clyburn, says the RCMP failed to protect his client and the public. He calls it a double standard that Sandboe received no jail time.
"If Clyburn for example had done that to Sandboe, do you really think he'd be getting a six month Conditional Sentencing Order?" said Engel. "No, he'd be going to jail for a long time."'
Sandboe was originally charged with assault causing bodily harm but because his victim was already wounded from a bar fight earlier that night, the Crown was unable to prove what injuries he might have inflicted.
Sandboe says he's been painted as a monster and a bully, but says he's a good guy who made a mistake.
"I'd like to apologize to Mr. Clyburn and for him to understand it was nothing personal," said Sandboe. "I'm not making up any excuses. I'm taking full responsibility."
The constable went on to say that he missed being a part of the RCMP. Sandboe had been suspended without pay.
RCMP K-Division tells CTV News Sandboe will be scheduled to undergo a discharge hearing where it will be recommended that he be discharged from service.
And the process isn't over for Sandboe. Besides the discharge hearing, it's expected that Clyburn will file a civil lawsuit against him.
With files from CTV's Bill Fortier…
