An Ottawa police officer found guilty of assault and assault with a weapon after stepping on a prone man’s neck for more than two minutes and jabbing his head with a baton in 2021 is now facing internal disciplinary charges.
Const. Goran Beric is accused of two counts of insubordination and three counts of discreditable conduct under the Police Services Act. He made his first appearance before a disciplinary tribunal Thursday morning.
The charges were laid by the force’s professional standards unit in April.
In May, Beric was notified that if misconduct is proved, he faces demotion or dismissal.
Beric allegedly failed to take accurate and sufficient notes about the 2021 call that led to the assault, failed to submit a use of force report afterward, and authored a report about the call that lacked important details about his actions, according to his notice of hearing.
The two other charges stem from October when he was found guilty of assault and assault with a weapon. He has been suspended with pay since then.
In January Beric received a suspended sentence with 30 months of probation, avoiding jail time.
Surveillance video captured assault
On the night of Aug. 4, 2021, Beric and four other officers responded to reports of a man, Derrick Wyman, covered in blood and screaming inside an Ottawa Community Housing building on Bronson Avenue.
In surveillance video shown during the trial, Beric can be seen kicking Weyman in the chest.
Weyman catches his foot before another officer takes Weyman to the ground.
The video also shows Beric stepping on the man’s neck.
Surveillance video shown during the trial of Const. Goran Beric, an Ottawa police officer, shows Beric kicking Derrick Weyman in the chest and stepping on his neck.
False report an aggravating factor in court
In October, Ontario Court Justice Janet O’Brien found Beric’s testimony contradictory and unreliable. She found inconsistencies between his notes, his testimony and the video evidence.
O’Brien said Beric “authored a false report regarding this incident” that “exaggerated Mr. Weyman’s aggressiveness and omitted mention of striking him with a baton and standing on his neck.”
That false report, which Beric made “before he knew there was a recording,” amounted to an aggravating factor, O’Brien said.
Beric admitted his baton had contacted Weyman’s head, but maintained during the trial that the level of force he’d used was necessary and reasonable under the circumstances.
Defence lawyer Karin Stein also cited concerns about COVID-19, saying Weyman was rambling incoherently and covered in blood.
A security guard testified the man was acting like a zombie or a person possessed. The defence argued Weyman posed a threat to the public, police and himself.
In his victim impact statement, Weyman said he felt dehumanized by the encounter and is now afraid of police. He has a hard time remembering the encounter and finds it very upsetting, O’Brien said, noting he was likely suffering a mental health- or drug-related crisis at the time of the assault.
‘No regard for the risk’
“It is aggravating that Const. Beric stood Mr. Weyman’s neck, which could have interfered with Mr. Weyman’s breathing or the supply of blood to his head,” O’Brien said. “The length of time Const. Beric continued to stand on Mr. Weyman’s neck is also aggravating.
“In short, Const. Beric had no regard for the risk his actions had to Mr. Weyman’s well-being.”
The judge noted the case has likely hurt the public’s trust in police. In the end, O’Brien determined jail time unnecessary.
Among the mitigating factors she considered were Beric’s apology, his 14 years of service as a police officer and the commendations he received during that time.
As part of his conditions, Beric must provide a DNA sample. He is not allowed to contact Weyman unless required by his job, and must remain at least 100 metres away from him. He must also perform 200 hours of community service and may have to undergo counselling.
He won’t be allowed to possess a weapon for nine months, including on the job. After that he may have his service weapon, but only during working hours.