A Sault Ste. Marie city police officer, convicted Monday of two criminal offences, will face further consequences if he doesn't provide a court-ordered DNA sample.
Jarrott Forsyth pleaded guilty to assaulting and threatening to kill a woman.
The 41-year-old admitted he had grabbed the woman's neck during an argument on June 11.
The death threats occurred between January 2020 and Aug. 21 of last year.
SooToday has chosen not to report on certain details of the case that could identity the victim.
Ontario Court Justice Andrew Buttazzoni imposed a suspended sentence, 18 months probation and a DNA order.
"We're going to have a problem," Forsyth told the Sudbury judge. "I'm not giving up my DNA."
Calling it the "biggest violation," he said "I think that's absolutely ridiculous given the facts of the case."
Buttazzoni responded that the circumstances of the offences require the order.
He urged the officer "to give this some thought," to which Forsyth replied that he has, and isn't going to accept it.
There are consequences, the judge warned.
"Absolutely," the officer agreed.
According to court documents, Forsyth has until Jan. 24 to appear at the courthouse to provide a DNA sample, and if he doesn't it may result in a warrant for his arrest.
Prior to imposing the sentence, Buttazzoni heard Forsyth had-self reported his actions to a senior officer on Aug. 21.
He told the detective details of what had occurred, assistant Crown attorney Stephanie Baker said.
The Sudbury prosecutor said a joint resolution was being proposed that called for a suspended sentence with a year-and-a-half probation, a three-year weapons' prohibition and a DNA order.
"There were repeated threats of violence, including to kill her, and he put his hands around her neck," she said.
Forsyth, who was representing himself in court, told Buttazzoni it wasn't a joint submission and that he doesn't agree with the weapons prohibition sought by the Crown.
"I never threatened to use weapons," he said, adding even while on duty as a police officer he had never used his firearm or other weapons.
Indicating he has "issues beyond this," Forsyth said he has been off work since July because of post-traumatic stress disorder.
Buttazzoni heard he has been undergoing counselling since 2016, and recently attended a treatment program in Ottawa.
In 2018, Forsyth, then a 10-year member of the Sault Ste. Marie Police Service, received a conditional discharge after being convicted of assaulting a colleague's girlfriend.
The assault occurred two years earlier during an off-duty confrontation.
Forsyth told Buttazzoni he was demoted for 18 months and lost $40,000 in salary.
Whatever happens in court will have an effect on his employment.
"There is going to be severe punishment when I go back to work," Forsyth said, indicating he hadn't contacted his employer but knows he will be charged under the Police Services Act.
When he sentenced Forsyth, Buttazzoni opted not to impose a weapons prohibition, saying it's not necessary.
To his credit, Forsyth had turned himself in, entered early pleas, accepted responsibility for his actions, and is honest about his issues, the judge said.
"This tends to suggest to me that he is serious about rehabilitation" and bodes well for the long term.
He noted Forsyth has struggled with addiction for some time.
There have been setbacks in his rehabilitation process, which is not uncommon, the judge said. Most don't succeed 100 per cent the first time around.
"It will be life long."
During his probation, Forsyth can have no contact with the victim and must not go to her residence or place of employment.
He must take any recommended assessments, counselling and rehabilitatve programs, which will include anger management, substance abuse and alcohol abuse.