In a 29-year career with the Windsor Police Service, a three to four second lapse in judgement has resulted in a six-month probation term for a retired Windsor police officer.
Justice Gregory Pockele on Tuesday handed 51-year-old former Constable John Jubinville a conditional discharge, which means no conviction will appear on his record.
In February 2017, Jubinville was transporting a suspect in the prisoner's wagon when the suspect began kicking the inside of the wagon.
While opening the rear door of the wagon, the suspect kicked the door open almost hitting the officer.
Jubinville lost his temper and punched the suspect three to four times. He pleaded guilty to one count of assault.
"It was conduct of which he was not proud of, it was provoked and spontaneous, but it was unjustified," says Jubinville's lawyer Andrew Bradie.
Bradie says Jubinville is ashamed of what he did and believes a similar incident several years ago with a suspect in the prisoner's wagon may have contributed to Jubinville losing his temper.
"In December 2011, he was doing the transport duties and he was 'donkey kicked' in the head basically by someone inside a transport wagon and that, he believes, is the source of all his difficulties with his pain medications and surgeries since then."
The suspect did not require medical attention.
Before being sentenced, Jubinville apologized to the victim, the courts and the Windsor Police Service. He called it a 'momentary loss of judgement.'
In handing down the sentence, Justice Gregory Pockele says Jubinville's medical record of the injuries he suffered on the job was similar to an NFL player and he was amazed that Jubinville still dragged himself to work despite the pain.
A second charge of assault was withdrawn.