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EDMONTON -- An Edmonton man accused in a police swarming case was convicted yesterday of obstruction for yelling and swearing at one cop, but was acquitted of assaulting another.
James Marcelo Lemire, 30, was sentenced to 18 months' probation and ordered to perform 75 hours of community service and take counselling for anger management.
"Clearly this was an extremely serious situation," said provincial court Judge Morris Golden, adding he does not take lightly the fact that police were turned on by an intoxicated, angry "mob" and an officer was assaulted.
The judge found Lemire not guilty of punching an officer who ended up on the ground after being swarmed by a large crowd while trying to arrest a person fighting.
Golden said he was left with a reasonable doubt due to conflicting evidence as to whether Lemire was the person an officer testified he saw punching his fallen partner.
Regarding the obstruction charge, Golden noted Lemire admitted in his own testimony that he had been yelling and swearing at police to leave his relatives alone and ruled he impeded police dealing with an angry mob.
Golden said Lemire's swearing and yelling at officers "only intensified a situation that was already tense."
Police were breaking up a drunken 2:30 a.m. fight May 10 between Lemire's youngest brother and an uncle outside a club at 107 Street and Jasper Avenue. Court heard the fight resumed in a nearby parking lot and Const. Dave Radmanowich and two other cops responded.
Radmanowich testified Monday that after he tried to arrest and handcuff one of the brawlers, a mob of people came at him and he fell down and was swarmed.
Radmanovich said he began whacking people with his baton and the attackers backed off after hearing the police helicopter and approaching sirens. Court heard his sleeve was ripped off and he suffered a bruised face and scraped and bleeding knees and elbows.
Const. Curtis Hoople testified he arrested Lemire after seeing him punch Radmanowich, but turned him over to another officer so he could arrest a second suspect.
Lemire denied assaulting Radmanowich, however he testified he loudly cursed an officer who twice pepper-sprayed one of his brothers.
Lemire told court the officer then looked at him with a "crazy face" and pepper-sprayed him before charging towards him, striking him in the head with his baton, tackling him, placing him in handcuffs and arresting him.
Meanwhile, one of Lemire's brothers and his uncle have admitted their involvement in the police swarming.
Rodrigo Lemire, 26, pleaded guilty to assaulting a peace officer and Carlos Riviera, 38, pleaded guilty to obstructing a peace officer on Monday. Court heard Riviera resisted arrest and Rodrigo punched, kicked and jumped on Radmanowich. Sentencing is slated for June 15.
TONY.BLAIS@SUNMEDIA.CA