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EDMONTON -- Two Edmonton men involved in a mob "swarming attack" on a city police officer avoided jail time yesterday as they were given sentences to be served in the community.
Rodrigo Lemire, 27, was handed a two-year conditional sentence on his guilty plea to assaulting a peace officer, while Carlos Rivera, 38, received a six-month conditional sentence on his guilty plea to obstructing a peace officer.
Provincial court Judge Lloyd Malin said mob swarmings against police officers are "intolerable" in our society and must be "strongly denounced and deterred."
However, Malin ruled those sentencing factors could be adequately addressed with strict conditional sentences.
The judge noted the officer attacked was not seriously injured, but said "considerable more harm" could have resulted due to the large and intoxicated group involved. "It became something of a mob, showing no respect for Const. (Dave) Radmanowich," said Malin.
Court heard the 2:30 a.m. attack on May 10, 2008, happened in a parking lot near 107 Street and Jasper Avenue.
Rivera resisted arrest when Radmanowich pulled him from a family fight and swung and flailed his arms and legs at the officer as he tried to restrain and cuff him.
A large group of onlookers began to pull Radmanowich away from Rivera and the officer ended up falling on the ground with the "hostile crowd" converging on him.
He was punched and kicked by some of the 10 to 15 people surrounding him and began swinging at them with his police baton to defend himself, court heard.
Lemire was seen punching and kicking Radmanowich and jumping on the defenceless officer's upper torso.
Malin put Lemire under "strict house arrest" for his entire sentence, forbid him from drinking and ordered him to perform 100 hours of community service and take treatment for alcohol abuse and anger management.
Rivera was put under house arrest for four months and a curfew for two months. He is also banned from drinking and was ordered to take treatment for alcohol abuse and anger management and do 30 hours of community work.
In March, Rodrigo Lemire's brother, James Lemire, 30, was sentenced to 18 months on probation after being convicted of obstructing a peace officer for impeding police dealing with the angry mob by yelling and swearing at police officers to leave his relatives alone.
In that case, Radmanowich testified about the "ominous" and "eerie" feeling of a crowd advancing on him.
"It was a blur. Everybody was grabbing at me. I was getting punched and kicked all over my body," he said.
As well as being "pummelled," he said his duty belt containing his Taser and extra cartridges was ripped off.
Radmanowich said he began whacking people with his baton and the attackers backed off after hearing sirens approaching. His sleeve was ripped off and he suffered a bruised face and scraped and bleeding knees and elbows.
TONY.BLAIS@SUNMEDIA.CA