I googled "Esquierdo" and .....
PC given community service for attacking motorist
http://www.heraldscotland.com/pc-giv...orist-1.873580
29 Jan 2008
Quote:
DA police officer who attacked an innocent motorist and sprayed him and his family with CS gas was ordered to carry out 150 hours of community service.
Chester Smith was sentenced yesterday at Ayr Sheriff Court for what his victim believes was an act of road rage.
Smith, who has since resigned from the force, sprayed gas into the car of businessman Bert Esquierdo, forcing the 53-year-old, his wife Elizabeth and son John, 10, out into the road.
He then bundled Mr Esquierdo, who was temporarily blinded, to the ground, handcuffed him and pushed his knee into his neck, the victim said. Mr Esquierdo claimed he was only targeted because he shook his head when Smith, who was on duty at the time of the incident, cut him off in his police car.
Strathclyde Police, who did not wish to comment yesterday, have formally confirmed that they believe Mr Esquierdo was being arrested for no good reason. Smith, 37, who initially denied attacking Mr Esquierdo, earlier pled guilty to assault.
He had seized hold of his victim by the arms and body, handcuffed him, and forced his face repeatedly to the ground. He also admitted spraying CS gas.
Sheriff John Montgomery, sentencing, said: "There can be no doubt that this crime involved abuse of the power which society invested in you as a police officer."
The incident took place on February 4, 2006, in Cumnock, Ayrshire, as Mr Esquierdo, at the time the president of local junior football side Lugar Boswell Thistle, and his family were driving to a game.
The police have since apologised unreservedly for Smith's "reprehensible" behaviour.
However, Smith's defence agent, Paul McBride QC, argued in mitigation yesterday that the former constable had suffered more than Mr Esquierdo as a result of their "struggle".
"He has lost his career. He came off worse in terms of physical injuries than the complainer," Mr McBride said. "He accepts his actions when he carried out the arrest fell short of the appropriate professional standards that would be required."
Mr McBride stressed Smith's previous good record as both a police officer for four years and as a retained firefighter, a position he still has. Smith had previously been commended for his bravery. He is now working in his family's motor trade business.
Mr Esquierdo said: "I am just happy that this has been resolved."
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Coincidence or connected ?
:puzzled: |
