Crown calls for jail time for assault on off-duty cop

Jamie Gilmar should be imprisoned for 12 months for his "premeditated" and "targetted attack" on an off-duty police officer in the parking lot of the Pee Wee Arena, the Crown urged Monday.

On the night of the Nov. 13, 2013 assault, Gilmar had "exhibited disdain for the police," calling them "pigs" and saying officers "hid behind their badges," prosecutor Karen Pritchard said.

People like Gilmar need to be sent a message, she said, arguing denunciation and deterrence are paramount objectives in sentencing in this case.

Ontario Court Justice Jean-Gilles Lebel convicted Gilmar, 32, of assault causing bodily harm in December, following a trial that took place earlier in the year.

Kevin Yun, an officer with the Sault Ste. Marie detachment of the Ontario Provincial Police, was beat up as he was walking towards his car in the parking lot of the Northern Avenue arena.

Another man, Corey St. Louis, 33, was found guilty of simple assault in connection with the attack.

Yun received significant lacerations to his face, had vision issues and dizziness after the attack and still suffers from headaches.

Pritchard called Gilmar's knowledge that Yun was a police officer a "significant aggravating factor." 

Yun "was not on duty that night but he was targetted because of his employment," the assistant Crown attorney said. 

Knowing the attack was related to his employment has had a powerful psychological effect on both Yun and his wife, she said.

Gilmar, who has a 2009 conviction for violence, should also be placed on probation for two years, Pritchard said.

Gilmar's lawyer Jonathan Poitras asked the judge to impose a five-month conditional sentence, which would be served in the community. 

Poitras said his client "was significantly impaired by alcohol" and "his judgement was lacking" at the time of the "rather spontaneous" incident.

What occurred was essentially a wrestling match where Yun hit his head on a pole as he and Gilmar were rolling around on the ground, the defence counsel said.

Poitras suggested that if the judge felt incarceration was necessary a "short, sharp sentence" of 60 days, to be served intermittently, and probation be imposed.

Gilmar, a family man who has a "small, dated record," is remorseful for the incident, which was out of character for him,  Poitras said.

Pritchard called for a short, sharp jail sentence, followed by probation, for St. Louis, who became involved when Yun "was on the ground and vulnerable" as Gilmar had him in a headlock.

Although St. Louis has no previous criminal record and is a person of good character, the manner of the attack is a significant aggravating factor - Yun was incapacitated and when St.Louis joined in it became a two-on-one attack, she said.

Giving St. Louis a conditional discharge, the sentence suggested by his lawyer Jennifer Tremblay-Hall, would "improperly marginalize the gravity of the offence," Pritchard said.

Tremblay-Hall, who argued for the discharge or a suspended sentence, called the incident a "one-off event" that was out of charactor for her "extremely remorseful" client.

"He comes to court never having been involved in the criminal justice system before, not so much as a traffic ticket," she said.

Referring to 10 character reference letters she provided to the court, she said St. Louis is considered a kind, gentle, loving person, who normally appears very quiet.

"Violence is not in his nature," Tremblay-Hall said. "He is not someone who is violent, is not someone who is aggressive or looking for confrontation."

St. Louis didn't know Yun was a police officer and only intervened because his cousin (Gilmar) was involved, she said.

The judge reserved his decision on sentencing until July 8, but indicated St. Louis will not be going to jail.

However, Lebel told Gilmar he's facing a term of incarceration. "I just haven't decided the parameters (of the sentence.)"