Calgary cop to be sentenced in violent arrest, six years after assault

Exterior of the Calgary Courts Centre.

Suspended Calgary police officer Trevor Lindsay won’t face a sentencing hearing until next spring, nearly six years after he badly injured a theft suspect while assaulting him.

Defence counsel Don MacLeod appeared via phone link in criminal appearance court Friday, to set a six-day hearing to argue an appropriate sentence for Lindsay on an aggravated assault charge.

MacLeod asked that the hearing commence April 26, less than a month shy of the six-year anniversary of his client’s crime.

Criminal Trial Co-ordinator Susan Quesnelle said that date was agreeable, but noted Justice Michael Lema would like to confer with the lawyer and Crown prosecutor John Baharustani on whether earlier dates could be found.

“Justice Lema has some concerns about the timing,” Quesnelle told Justice Robert Hall, who was presiding over the scheduling court.

She said the Edmonton judge, who convicted Lindsay more than a year ago, would like the lawyers to contact him about speeding things up.

MacLeod said that despite Lema’s concerns, they might still have to wait until April to make their sentencing submissions.

“My understanding is the dates proposed are the earliest dates,” he told Hall.

Lindsay, 31, was convicted June 21, 2019, of aggravated assault in connection with a May 25, 2015, incident in which he body-

slammed

 a theft suspect to the pavement in the parking lot behind the downtown arrest processing unit.

Lema 

rejected

 arguments by MacLeod that the officer was acting in the scope of his duties when he 

slammed

 Daniel Haworth head first into the pavement.

 Court exhibit photo of Daniel Haworth in hospital after the assault.

In the assault, which was captured on surveillance video, Lindsay punched Haworth three times in the head after removing him from a police cruiser before throwing him to the ground.

Haworth, who was drunk and handcuffed behind his back when he was taken down, suffered a skull fracture and traumatic brain injury during the takedown.

The 35-year-old, who died less than eight months later from a fentanyl overdose, had been arrested for

allegedly

 stealing 

valuable

 coins from his ex-girlfriend.

Outside court, both MacLeod and Baharustani said they could not discuss why six days are needed for the sentencing.

Lindsay is currently suspended without pay from the Calgary Police Service.

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On Twitter: @KMartinCourts

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