Calgary police officer remains free pending appeal of assault conviction
An appeal of a Calgary police officer's assault conviction will keep him out of jail for the time being.
Const. James Othen was set to spend 90 days worth of weekends in jail starting Friday, after being sentenced earlier this month.
Clayton Prince was unarmed when he was arrested by Constables Othen, Kevin Humfrey and Michael Sandalack in July 2016.
Othen was found guilty in February of assault causing bodily harm and assault with a weapon while Humfrey and Sandalack were acquitted of all charges by Judge Margaret Keelaghan.
On Friday, Court of Queen's Bench Justice David Gates granted the appeal order sought by Othen's defence counsel, Alain Hepner.
Hepner said he was asked by the Calgary Police Association, which represents the city's police officers, to pursue an appeal on behalf of Othen.
"I feel there is merit [for] his appeal to be heard," Hepner told CBC News.
In the meantime, Othen remains a free man. His appeal is set to be heard this fall.
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