EDMONTON SUN
An Edmonton police officer convicted of zapping a jaywalker with his Taser will likely keep his badge - he just has to take some anger management counselling first.
Const. Aubrey Zalaski, 34, was handed a conditional discharge yesterday in provincial court on his April 27 conviction for assault with a weapon.
Judge Brian Fraser said he found it was not contrary to the public interest to give Zalaski a discharge, but ruled it had to be a conditional one with the 12-year veteran having to complete a one-year probation order.
The terms of the order include Zalaski having to take any treatment directed, specifically for anger management or any psychological or psychiatric issues found.
The judge said he wanted the counselling included because he found the assault to be so “out of character” for Zalaski, based on the 70-odd character reference letters submitted which described him in “glowing terms.”
With the discharge, if Zalaski successfully completes his probation, he will not get a criminal record. The judge also refused to impose a 10-year firearms prohibition.
That means Zalaski can continue to work as a police officer, although he still faces internal discipline.
The officer was ordered to provide a sample of his DNA for the national DNA data bank in Ottawa and ordered to pay a $1,000 fine to the charity of his choice.
Zalaski, who told the judge he wants to continue serving the community as a police officer, did not wish to comment later, but his pregnant wife had something to say.
“He’s a great husband and the best cop ever,” said Kate Zalaski, a schoolteacher, hugging her husband tightly.
Outside court, defence lawyer Alex Pringle said they were pleased with the sentence.However, they are still considering whether to appeal the conviction.
The Crown had argued a discharge was not in the public interest and sought a criminal conviction and $1,000 fine.
When Fraser convicted Zalaski, he said the Aug. 9, 2004, Taser assault on Paul Cetinski Jr., was an “excessive” and “gratuitous” use of force during an unlawful arrest.
Court heard Zalaski had spotted Cetinski, the son of a retired city police detective, as he jaywalked across 103A Avenue, about half a block from the downtown police station, and asked “have you ever heard of a crosswalk?”
When Cetinski ignored the remark and went into the Brownlee Building, Zalaski pursued him and ordered him to show his driver’s licence and return to his cruiser.
Once there Zalaski told Cetinski to sit on the curb, but the man refused to comply. Zalaski then approached Cetinski and told him to put his hands on the car, which he did.
As Zalaski tried to put handcuffs on Cetinski, the man partially turned to face the officer. Zalaski then jumped back, pulled out his Taser and twice zapped him in the back, resulting in Cetinski defecating in his pants.
In a victim impact statement, Cetinski, 35, said the incident has “physically and emotionally scarred” him.
“It was devastating and has ultimately destroyed my faith in the Edmonton Police Service,” he said. Cetinski has also filed a $110,000 lawsuit against Zalaski.
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