Calgary·New
A Calgary constabulary serviceman who assaulted an intoxicated, handcuffed Indigenous antheral by grabbing him by the hairsbreadth and throwing him to the crushed apologized to his unfortunate successful tribunal connected Monday earlier helium was handed a one-year, at-home sentence.
Const. David Wilhelm handed 1-year conditional condemnation order; 6 months location arrest, 6 months curfew
Meghan Grant · CBC News
· Posted: Jun 23, 2025 7:31 PM EDT | Last Updated: 36 minutes ago
A Calgary constabulary serviceman who assaulted an intoxicated, handcuffed Indigenous antheral by grabbing him by the hairsbreadth and throwing him to the crushed apologized to his unfortunate successful tribunal connected Monday some publically and privately earlier helium was handed a one-year, at-home sentence.
Const. David Wilhelm pleaded blameworthy to battle successful December. The justice described the incidental arsenic "completely retired of character" for the 12-year Calgary Police Service (CPS) officer and his lawyer called the battle "a unspeakable mistake."
On Monday, Wilhelm was handed a one-year conditional sentence, meaning helium volition service his condemnation astatine location with the archetypal fractional spent under house apprehension and the 2nd six months nether a curfew. He indispensable besides implicit 75 hours of assemblage service.
The condemnation volition beryllium followed by 1 twelvemonth of probation.
CPS says Wilhelm is presently suspended with wage but says it volition beryllium reviewing his presumption aft Monday's sentencing.
Video played successful court
Video of the March 20, 2022 incidental was played successful tribunal arsenic portion of the sentencing hearing.
At the time, constabulary had been called to woody with Ace Bigchild, who was intoxicated successful public. They discovered helium was besides wanted connected warrants for breaching tribunal orders.
WATCH | CCTV footage shows constabulary serviceman battle connected Indigenous man: Video of March 20, 2022 incidental played successful court
The video shows Wilhelm starring Bigchild astir by grabbing his hairsbreadth astatine the backmost of his head.
Bigchild's caput was pulled backmost and astatine 1 constituent "he cried retired successful pain," according to the agreed connection of facts.
Wilhelm got Bigchild into a waiting constabulary van.
-
Calgary constabulary serviceman charged with assaulting handcuffed man
Once astatine constabulary headquarters, CCTV footage again shows Wilhelm marching Bigchild down a hallway by grabbing his hair.
Prosecutor Dane Bullerwell noted the determination is "not a valid power tactic."
Video 'looked bad'
The video shows Wilhelm walked Bigchild astir a country to a metallic bench. The serviceman proceeded to present a fig of blows, kicking his arrestee, throwing him against a partition and past sweeping Bigchild's legs retired from nether him, causing the unfortunate to autumn connected the floor, hitting his head.
A paramedic connected work was acrophobic astir a imaginable caput wounded and had Bigchild sent to the infirmary for an assessment.
He was cleared and yet released connected bail aboriginal that day.
A unit sergeant who was successful complaint that nighttime reviewed the video with Wilhelm and noted the serviceman seemed "shocked and pale" and admitted the video "looked bad."
'Sets backmost reconciliation'
Wilhelm prepared a use-of-force report, explaining that Bigchild had not complied with instructions to beryllium connected the bench.
But authoritative Bullerwell argued that the clip elapsed betwixt arriving astatine the seat and Wilhelm delivering the archetypal onslaught was 2 seconds and that the serviceman was holding Bigchild's hairsbreadth astatine the time.
"This is much than conscionable a insignificant overreaction," said Bullerwell. "Const. Welhelm mislaid his temper and became frustrated."
While the Crown did not allege conscious radical bias, Bullerwell did enactment that the victimization of a handcuffed Indigenous antheral astatine the hands of a constabulary serviceman causes harm to the community.
"This is an battle committed by a achromatic constabulary serviceman connected an intoxicated Indigenous man," said Bullerwell. It harkens backmost to a antithetic epoch of policing … it sets backmost reconciliation.
"[This] is an offence that rightly shocks the community."
'A unspeakable mistake'
In his submissions, defence lawyer Cory Wilson noted that his lawsuit has a diagnosis of PTSD that identified a hazard Wilhelm would suffer his temper and lash out.
Wilson described his lawsuit arsenic a "kind, caring, calm, gentle and compassionate man" who is considered a "leader and trusted serviceman who goes retired of his mode to assistance those successful need."
"He genuinely is simply a large antheral who made a unspeakable mistake 3 years ago," said Wilson. "He is genuinely and incredibly remorseful."
When fixed the accidental to code the court, Wilhelm tearfully apologized to Bigchild, the Calgary Police Service, the courts and the citizens of Calgary.
"To Mr. Bigchild, I cannot explicit the anguish that I felt from treating him other from what I dedicated my beingness to," said Wilhelm. "The actions that I took that night, determination was nary malicious intent … it was conscionable wholly retired of frustration."
'Completely retired of character'
In delivering his decision, Justice Mark Mastel noted Wilhelm's actions were "a transgression against america all."
The justice noted Bigchild was a susceptible unfortunate and that the transgression was "all the much potent" due to the fact that of the past of powerfulness imbalance betwixt the courts and Indigenous people.
Still, helium ruled that the battle was "entirely and wholly retired of character" for Wilhelm.
Wilson asked the judge to enforce a six- to nine-month conditional condemnation bid (CSO) while Bullerwell argued for a 30-day jailhouse sentence, to beryllium served connected weekends.
Mastel ruled a CSO could inactive execute the sentencing extremity of deterrence.
"Society is taking a accidental connected your rehabilitation," said Mastel. "I anticipation you instrumentality to bosom … instrumentality clip to rebuild the spot that has been unluckily damaged by your vexation and your transgression and your deficiency of respect for the dignity of Mr. Bigchild."
"I anticipation you execute that."
ABOUT THE AUTHOR
Meghan Grant is simply a justness affairs reporter. She has been covering courts, transgression and stories of constabulary accountability successful confederate Alberta for much than a decade. Send Meghan a communicative extremity astatine [email protected].