Court shown video of Calgary officer assaulting handcuffed Indigenous man | CBC News

WARNING: This story contains details and video of a violent assault.

A Calgary police officer who assaulted an intoxicated, handcuffed Indigenous man by grabbing him by the hair and throwing him to the ground apologized to his victim in court on Monday both publicly and privately before he was handed a one-year, at-home sentence. 

Const. David Wilhelm pleaded guilty to assault in December. The judge described the incident as “completely out of character” for the 12-year Calgary Police Service (CPS) officer and his lawyer called the assault “a terrible mistake.”

On Monday, Wilhelm was handed a one-year conditional sentence, meaning he will serve his sentence at home with the first half spent under house arrest and the second six months under a curfew. He must also complete 75 hours of community service. 

The sentence will be followed by one year of probation. 

CPS says Wilhelm is currently suspended with pay but says it will be reviewing his status after Monday’s sentencing. 

Video played in court 

Video of the March 20, 2022 incident was played in court as part of the sentencing hearing. 

At the time, police had been called to deal with Ace Bigchild, who was intoxicated in public. They discovered he was also wanted on warrants for breaching court orders. 

The video shows Wilhelm leading Bigchild around by grabbing his hair at the back of his head. 

Bigchild’s head was pulled back and at one point “he cried out in pain,” according to the agreed statement of facts. 

Wilhelm got Bigchild into a waiting police van.

Once at police headquarters, CCTV footage again shows Wilhelm marching Bigchild down a hall by grabbing his hair. 

Prosecutor Dane Bullerwell noted the move is “not a valid control tactic.”

Video ‘looked bad’

The video shows Wilhelm walked Bigchild around a corner to a metal bench. The officer proceeded to deliver a number of blows, kicking his arrestee, throwing him against a wall and then sweeping Bigchild’s legs out from under him, causing the victim to fall on the floor, hitting his head.

A paramedic on duty was concerned about a potential head injury and had Bigchild sent to the hospital for an assessment. 

He was cleared and eventually released on bail later that day. 

A staff sergeant who was in charge that night reviewed the video with Wilhelm and noted the officer seemed “shocked and pale” and admitted the video “looked bad.”

‘Sets back reconciliation’

Wilhelm prepared a use-of-force report, explaining that Bigchild had not complied with instructions to sit on the bench. 

But prosecutor Bullerwell argued that the time elapsed between arriving at the bench and Wilhelm delivering the first strike was two seconds and that the officer was holding Bigchild’s hair at the time. 

“This is more than just a minor overreaction,” said Bullerwell. “Const. Welhelm lost his temper and became frustrated.”

While the Crown did not allege conscious racial bias, Bullerwell did note that the victimization of a handcuffed Indigenous man at the hands of a police officer causes harm to the community. 

“This is an assault committed by a white police officer on an intoxicated Indigenous man,” said Bullerwell. It harkens back to a different era of policing … it sets back reconciliation.

“[This] is an offence that rightly shocks the community.”

‘A terrible mistake’

In his submissions, defence lawyer Cory Wilson noted that his client has a diagnosis of PTSD that identified a risk Wilhelm would lose his temper and lash out.

Wilson described his client as a “kind, caring, calm, gentle and compassionate man” who is considered a “leader and trusted officer who goes out of his way to help those in need.”

“He truly is a great man who made a terrible mistake three years ago,” said Wilson. “He is genuinely and incredibly remorseful.”

When given the opportunity to address the court, Wilhelm tearfully apologized to Bigchild, the Calgary Police Service, the courts and the citizens of Calgary. 

“To Mr. Bigchild, I cannot express the anguish that I felt from treating him opposite from what I dedicated my life to,” said Wilhelm. “The actions that I took that night, there was no malicious intent … it was just completely out of frustration.”

‘Completely out of character’

In delivering his decision, Justice Mark Mastel noted Wilhelm’s actions were “a crime against us all.” 

The judge noted Bigchild was a vulnerable victim and that the crime was “all the more potent” because of the history of power imbalance between the courts and Indigenous people. 

Still, he ruled that the assault was “entirely and completely out of character” for Wilhelm.

Wilson asked the judge to impose a six- to nine-month conditional sentence order (CSO) while Bullerwell argued for a 30-day jail sentence, to be served on weekends. 

Mastel ruled a CSO could still achieve the sentencing goal of deterrence. 

“Society is taking a chance on your rehabilitation,” said Mastel. “I hope you take to heart … take time to rebuild the trust that has been unfortunately damaged by your frustration and your crime and your lack of respect for the dignity of Mr. Bigchild.”

“I hope you achieve that.”

‘Distressing’ video

In reaction to Monday’s sentencing and the release of the video, CPS issued a statement to CBC News.

“We recognize how distressing this video is and the impact watching it will have on all communities across Calgary,” reads part of the statement. “Actions like this, though rare, erode public trust.

“The actions in this video do not represent all members of the Calgary Police. It is the duty of every member of the service to ensure public safety and to offer protection to everyone in our care.”

CPS says now that sentencing has concluded, its professional standards unit will begin an internal investigation under the Alberta Police Act, the outcome of which will determine the service’s next steps regarding Wilhelm’s employment status. 

“The service does not condone disproportionate or unnecessary use of force,” reads the statement. “Now [that] the criminal trial has concluded, we can conduct our own thorough investigation without impacting court proceedings.”