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An 82-year-old grandmother who whacked an Edmonton police officer with her cane was found guilty of assault with a weapon and assaulting a peace officer yesterday.
However, the disabled Enoch senior was granted an absolute discharge and will not get a criminal record.
Lillian Peacock was convicted following a trial before provincial court Judge Elizabeth Johnson, who described the bizarre case as an "unfortunate set of circumstances."
Johnson rejected the Crown's call for Peacock to be put on probation, saying that despite the serious offences involved, it was in her interest and would not be against public interest to give her an absolute discharge.
"The circumstances in this case are far from ordinary," said Johnson, adding she does not consider Peacock to be a danger to the community and noting the Enoch woman has lived a long life without getting into any prior trouble.
The judge found Peacock guilty of the charges after ruling there was uncontested evidence the senior had "raised her cane above her head and brought it down upon the shoulder of Const. Jillian Neufeld several times."
Court heard Peacock -- who suffers from significant memory deficits -- could not recall striking Neufeld and testified she only remembers tapping the officer with her cane to scare her off from chasing her granddaughter.
However, Johnson said the only conclusions she could draw were the police were carrying out their duties and Peacock intended her actions and it was not an accident.
Peacock, who had visible problems walking in court and was using a cane, appeared to be unaware of what the judge had ruled and was taken away by family.
Court heard police were called out to the Aurora Motel at 15145 111 Ave. on Sept. 8 for a complaint of two people trespassing in a suite where Peacock was registered.
When officers went to the suite, Peacock told them the people, including Peacock's granddaughter, were not there, however they were found in an adjoining room.
Peacock's granddaughter then tried to flee and when Neufeld went to chase her, Peacock brandished her cane and then struck the officer with it several times.
Peacock's daughter, Trudi Morin, testified at yesterday's trial that her mother was a "gentle" person.
At the time of the incident, Peacock told Sun Media she wasn't sure what had happened and said she had blacked out after having a few drinks at the New West Hotel.
And while she admitted she might have pushed the officer, she also said then that she wouldn't hurt a police officer because she deeply respects them. Peacock has been living in the motel while her house was being renovated.
TONY.BLAIS@SUNMEDIA.CA