Barrie police officer found guilty of assault and fabricating evidence in mall beating

After being “rag-dolled” by a Barrie police officer, thrown against a wall, punched and left concussed and bleeding from the head — then almost framed for assault — Jason Stern is a changed man.

“I’ve never been a person who was sad in any way. I’ve never been a nervous person. But from the day of the incident until now I have anxiety attacks. It hasn’t been easy for me or my family to go through this kind of thing,” said Stern, 28.

The officer — Const. Jason Nevill — was found guilty Friday of assault causing bodily harm, fabrication of evidence and obstruction of justice.

It’s a far cry from the way the case began on Nov. 20, 2010. Stern was 25 at the time.

While bowling at Bayfield Mall, a friend of Stern’s knocked over a styrofoam Christmas ornament. Nevill was called to investigate what Judge Lorne Chester described as a minor act of mischief.

The situation escalated into a violent assault, after Stern was unlawfully arrested for public intoxication.

But it was Stern who was initially charged for assaulting a police officer with intent to resist arrest, which his lawyer, Bernard Keating, said meant he would go to jail.

That is, until Keating found a video from a security camera documenting the beating, which appeared to show Nevill beginning the physical attack and raining punches onto Stern even after he was cuffed. Two mall security guards are seen holding Stern down. Afterwards, they are seen washing the blood off the pavement.

The Crown dropped the charge against Stern and, with the OPP, launched an investigation into Nevill.

The video, since uploaded to YouTube, was crucial evidence in the case — “the primary reason I reject (Nevill’s) version of events,” said Chester.

Video from cameras in the mall show “the force (Nevill) was using from the outset was excessive,” he said. The video also made it clear that Nevill fabricated crucial details, such as claiming Stern kicked him in the groin.

“If there’s no video evidence, then you’re in trouble. Because I was until this video surfaced,” said Stern, outside the courthouse.

As he sat through the near hour-and-a-half reading of the verdict, he says he wasn’t sure if he would win.

“It was pretty nerve-wracking. It felt like a rollercoaster ride,” he said.

“I’m happy this portion is over. It’s been a long road, many twists and turns, but justice to (Nevill) has been served.”

Nevill, a 13-year veteran of the Barrie Police Service, remains suspended with pay until he is sentenced, said Barrie Police Chief Kimberley Greenwood. A sentencing hearing is scheduled for Oct. 17.

Nevill faces charges of deceit, excessive exercise of authority and discreditable conduct under the Police Services Act, Greenwood said.

“I am sorry that a member of our community had to endure this experience.”

Greenwood defended the hiring and training processes of the police service, which have been called into question after it was revealed that Nevill was acquitted of assault in 2008 after he struck a mental health patient who spat on him.

“This was a rare incident, and we have very sound practices in place,” she said.

Nevill’s lawyer, Barry Dutt, said the option for an appeal remains on the table.

Meanwhile, Stern and his lawyer are proceeding with a $1 million civil lawsuit against Nevill, the mall, the two security guards, the security company, the City of Barrie and the Barrie Police Service.

With file from Laura Kane and Torstar News Services