THUNDER BAY — Const. Ryan Dougherty, of the Thunder Bay Police Service, has received a suspended sentence of one year of probation for an assault that left the victim with a fractured nose and concussion.
Dougherty was found guilty in October 2024 of assault causing bodily harm in relation to an incident with a 60-year-old male on Oliver Road near the Thunder Bay Health Sciences Centre on Nov. 8, 2022.
During the trial, held in the summer of 2024, the court heard the victim was apprehended in November 2022 under the Mental Health Act and taken to the hospital. He left the hospital before being discharged and Dougherty, who was there on an unrelated matter, was asked to look for him.
Dougherty found the victim on Oliver Road walking home. The officer tried to apprehend him and a struggle ensued. Eventually, the man was on the ground with Dougherty on top of him and the officer punched the man in the head four times.
Dougherty, 50, was sentenced on Monday at the Thunder Bay Courthouse. He received a suspended sentence of one year probation and 100 hours of community service.
A suspended sentence means a conviction is registered and Dougherty will have a criminal record, but a period of probation is served instead of jail time.
During a sentencing hearing held last fall, the defence argued for a conditional discharge with two years probation and 160 hours of community service.
Justice Paul O’Marra said on Monday what was most vexing and challenging about deciding whether Dougherty should receive a discharge, which is a finding of guilt without a registered conviction, was whether it was in the public’s interest.
O’Marra acknowledged the public scrutiny on the case and questioned if a discharge would affect the faith of the community in the city’s police service, which he noted was already fractured.
When reaching his decision, O’Marra said he considered this was Dougherty’s first offence and that the officer had no prior disciplinary record as mitigating factors. The judge also noted the support of family, friends and the community for Dougherty, specifically the 21 character references describing Dougherty as kind, caring, compassionate and professional.
O’Marra said he can only conclude this incident was a complete aberration.
Aggravating factors included that the victim was someone who was vulnerable and defenceless when he was struck.
This was also an apprehension under the Mental Health Act, not a "true crime arrest" and a greater degree of restraint was required, said the judge.
There was an obvious power imbalance, said O’Marra, and the incident had a profound effect on the victim - he has an ongoing fear of police and even moved outside of Thunder Bay police jurisdiction. And it was the number of strikes to the victim which took the offence out of the conditional discharge realm.
Doughterty is one of two city police officers sentenced for assault causing bodily harm this month. On Friday, Andrew Frankow was given a suspended sentence of two years of probation.
Both officers are still employed by the Thunder Bay Police Service. A spokesperson for the police force said any internal employment processes will begin following the conclusion of criminal proceedings in their entirety.
"Employment matters are confidential in nature unless they progress to a public hearing stage. All Police Service Act/Community Safety and Policing Act hearings are published on the Thunder Bay Police Service website," the spokesperson said in an email statement.
