THUNDER BAY — The victim of an assault by a Thunder Bay Police Service officer said he now has an ongoing and crippling fear of the police.
“My stomach flips every time I hear a siren. My hands clench every time I see flashing lights. I can never call 911 again,” he wrote in his victim impact statement, which was read during a sentencing hearing for Const. Ryan Dougherty on Tuesday at the Thunder Bay Courthouse.
Dougherty was found guilty in early October of assault causing bodily harm in relation to an incident with the 60-year-old victim on Oliver Road near the Thunder Bay Health Sciences Centre on Nov. 8, 2022.
During the trial, held in the summer of this year, 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 trying to walk to his home nearby. The officer tried to apprehend him and a struggle ensued. Dougherty punched the victim in the head four times.
The victim was diagnosed with a fractured nose and concussion.
In his statement, which was read by Crown lawyer Vlatko Karadzic, the victim said he would he never trust the police to take care of him in a dangerous situation.
“Ryan Dougherty took away my sense of safety,” he wrote. “Because of his actions, I can never call for help because my trust in the police is now shattered.”
The victim also sold his north-side home and moved out of Thunder Bay police jurisdiction.
"I can forgive Ryan Dougherty. He's an angry man. I can never forget his actions," said the victim.
Defence lawyer Michael Hargadon argued for a sentence of a conditional discharge with two years probation and 160 hours of community service, while Karadzic asked the judge to consider a suspended sentence with two years probation and 200 hours of community service.
If a conditional discharge is granted, Dougherty would not have a conviction registered.
A suspended sentence would mean a conviction is registered, but Dougherty would not serve jail time and instead perform a period of probation.
Hargadon read excerpts from numerous letters of support for Dougherty from his family, friends and fellow police officers. The letters described Dougherty as a kind, patient and fair person.
Hargadon said this incident was a momentary episode of frustration and Dougherty’s actions were out of character; his client has no criminal record nor any disciplinary record as a police officer.
Dougherty is otherwise an exemplary police officer, said Hargadon.
The Crown argued a discharge would be contrary to public interest and it doesn’t align with the number of strikes Dougherty dealt to the victim and the nature of the victim’s injuries.
Karadzic said four strikes were made where even one would have been inappropriate.
This was a case of excessive force, said Karadzic.
Both lawyers noted that Dougherty acted out frustration with the circumstances, not with the victim, and there was also no weapon used nor an attempt to cover up or conceal the incident.
Hargadon also read a statement prepared by Dougherty expressing his remorse over the incident.
“I feel a deep sense of shame having fallen short of my training and trust placed in me by the public. The victim was badly hurt because of my actions that night. I took the role of a police officer to help people, not to hurt them.”
The judge is expected to return with his decision on sentencing on March 10, 2025.
