Constable Jeffrey Smith, 45, a First Class Constable with the Belleville Police Service, has received a conditional discharge after being found guilty of assault in the takedown of a Tyendinaga Territory man at a North Front Street Taco Bell on November 15 of 2019.
Mario Baptiste Jr., 38 at the time of the incident, was arrested after an employee with the Lowe’s store on Millennium Parkway told off-duty Belleville police officer Paul Fyke that someone in a group of three, including Baptiste, had stolen a Powerade drink while in the store.
Fyke followed the group around for a while and while not witnessing criminality believed they were acting suspiciously and followed them to the Taco Bell restaurant where he called for backup officers.
Constable Smith approached Baptiste Jr. in the restaurant, told him why was he was under arrest and asked him to stand up. Baptiste refused and Smith grabbed him attempting to take him to the floor. Very shortly after, Fyke and another officer piled on to get Baptiste to the floor.
During the arrest Baptiste Jr. lost consciousness and later was found to have suffered a broken pinky finger and a cracked rib.
The Special Investigations Unit, which investigates incidents in which people are killed or injured during interactions with police, took 13 months to get involved and laid assault causing bodily harm charges against officers Kyle Dodds, Smith and Fyke.
Charges against Dodds were withdrawn before trial and Fyke and Smith were found not guilty of assault causing bodily harm.
However, Superior Court Justice Patrick Hurley found Smith guilty of the lesser charge of assault believing he did not have reasonable grounds to arrest Baptiste Jr.
In a Belleville courtroom Wednesday July 3, 2024, Justice Patrick Hurley ruled that Smith should receive a conditional discharge on the assault charge.
Smith will serve 12 months probation and must report to a probation officer within two days of the sentencing and then anytime the officer requires him to appear. He was also ordered to complete 120 hours of community service.
Smith was also ordered to not communicate with Baptiste Jr. or any of his family except while in the commission of his duties as a police officer.
Justice Hurley’s sentence was in line with the sentence requested by Smith’s lawyer Leo Kinahan.
Crown Attorney Ian Bulmer had asked that Smith receive 30 to 60 days house arrest with conditions, believing police officers should be held to higher standards of conduct than civilians.
In his ruling Justice Hurley said Smith was a first offender, “a good man,” a man of “exemplary character” who made a mistake.
Hurley said while Smith did not have grounds to arrest Baptiste Jr. he honestly believed he did after being advised by a senior officer, Paul Fyke.
The judge said Smith had an excellent record as a police officer, and previously, as a teacher. Belleville Police Service Padre Reverend Brad Beale provided a glowing reference for Smith saying he was “regularly impressed by Smith’s compassion, patience, and empathy” as he dealt with issues among the homeless and mentally ill being served daily at Bridge Street United Church. Reverend Beale described Smith’s character as “admirable.”
Hurley added Smith had accepted responsibility for his actions and was sincere in his apology to Baptiste Jr. and his family during court proceedings.
While Baptiste Jr. is an Indigenous man, Justice Hurley stressed there was no evidence presented that suggested any racism was involved in the arrest and neither the Crown nor defence had suggested that there might be.
Previous to the ruling, court heard that the assault had had serious effects on Baptiste Jr. including anxiety and depression and a fear of travelling to Belleville alone out of fear he was being targeted by police officers. Court heard that Baptiste Jr. became listless, lacked in ambition and became much less interested running his business.
Meanwhile, in 2022, Baptiste Jr. filed a $550,000 civil lawsuit against the Belleville Police Service, former Chief Ron Gignac, and Constables Paul Fyke, Jeffrey Smith, Kyle Dodds and Jill McAuley. That lawsuit is still in progress.
Also, the Crown has filed a Notice of Appeal with the Ontario Court of Appeal on the charges laid against Fyke and Smith. The Crown maintains Justice Hurley made several errors in law. In the Notice of Appeal, the Crown asks that Fyke be found guilty or face a new trial, and in regards to Smith, asks that his acquittal on the assault causing bodily harm charge be set aside and that a new trial be ordered.
No decision on the request has been made by the Court of Appeal.
Also, Constable Smith will be the subject of a hearing under the Police Services Act which could lead to further disciplinary action.
No date for such a hearing has been set.
Neither Crown Attorney Bulmer nor Baptiste Jr. would comment following the sentencing hearing.
