An assault, a death and questions about justice

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What was unsaid in court about a Woodstock police officer, who got a conditional discharge after pleading guilty to kicking and punching a handcuffed suspect, and his victim says a lot to critics of Ontario’s police, courts and jails. LFP’s Randy Richmond reports:

Exemplary record, good character, calm in emergencies.

Words of praise for a Woodstock police officer charged with assault punctuated a sentencing hearing that led to a conditional discharge and no record.

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That wasn’t quite the whole story – a story provincial policy suggests should have been told.

Combative, sarcastic, testy – those were the words describing the officer in that story.

At the same sentencing hearing a few months ago, the court also heard the victim of the assault later died “in a separate incident.”

That wasn’t the whole story, either.

What was unsaid in court about Woodstock police Const. Eric Dopf and assault victim Che Bosch says much to critics about Ontario’s justice system – the police, the courts, the jails.

“It’s a system that doesn’t really work,” London lawyer Kevin Egan said. “There’s a societal wink and a nod that it’s OK for police to beat up a perpetrator.”

Toronto defence lawyer Alison Craig, a frequent critic of police misconduct, echoed those comments.

“It’s sad and it’s frustrating and I don’t see it changing,” she said.

Dopf, 47, an 18-year Woodstock police veteran, received a conditional discharge in March after pleading guilty to kicking and punching a handcuffed and prone Bosch in October 2022.

The sentence meant he had no criminal conviction on his record if he complied with his conditions.

Bosch was a passenger in a car fleeing from a drug bust that stopped in the back parking lot of a Woodstock grocery store on Oct. 17, 2022.

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Surveillance video from the store, seen at the trial, shows Bosch getting out of the car, throwing a bag over a fence, then lying on the ground to await police.

One officer handcuffed him.

Then Dopf arrived. He jumped out of his car and ran over to Bosch. Dopf kicked the still-sitting Bosch four times and punched him twice in a 15-second time span.

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Dopf was charged with assault Dec. 5, 2022, a month and a half later.

At Dopf’s sentencing hearing this past March, Assistant Crown attorney Jennifer Swart asked for a suspended sentence, which meant a criminal conviction, but no custody.

Bosch “was handcuffed and in police custody. He was compliant, he was on the ground, his hands were behind his back, he was defenceless. He was a vulnerable victim,” she said.

True, Dopf pleaded guilty. But, Swart said, the court had to consider the weight of his guilty plea given when there already was video evidence showing he was guilty.

Dopf’s lawyer, Lucas O’Hara, emphasized his client’s clean record, which included instances of de-escalating situations.

“The offence is entirely out of character for Const. Dopf,” his lawyer said.

Letters from retired chiefs, inspectors and colleagues at Woodstock police describe “how shocked they were and how it was inconceivable, when they found out it was Const. Dopf that was the individual involved,” O’Hara said.

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Ontario Court Justice Craig Sigurdson agreed with a conditional sentence and no record, noting the “glowing reports” from other officers.

None of those former or current supervisors and colleagues mentioned another incident involving Dopf 10 years ago.

Woodstock police were called to Robert Winmill’s home about 8:50 p.m. on June 1, 2014, according to court documents. Police had received a call about a dispute between Winmill and his son, court documents say.

Winmill was arrested and charged with resisting arrest and assaulting a police officer – Dopf. At trial in February 2016, Winmill was acquitted of both charges because it couldn’t be proven who hit whom, the judge ruled.

“I cannot state with a requisite degree of certainty that Robert (Winmill) assaulted Const. Dopf at that moment. It is possible, as it would explain the robust police reaction,” Ontario Court Justice Edward Graham said in his ruling.

“However, it is equally plausible that Dopf pushed Robert with a fair degree of force and that the defendant reacted to an unlawful assault by actively trying to disengage from police. There is no suggestion he kneed or punched the officers.”

The justice noted that photographs did show injuries to Winmill, but weren’t much help in resolving the matter. There were no photos of injuries to Dopf, Graham said.

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Dopf testified he tried to stop Winmill from heading toward his son. Winmill grabbed his throat and squeezed, and he had to push him back six or seven feet, with Winmill gripping his throat the whole time, Dopf testified.

The two fell onto the couch and floor, Dopf testified.

But his partner, another constable, testified the accused stopped moving when Dopf told him to and didn’t have to be pushed back.

Two other witnesses testified at court they didn’t see Winmill’s hands on Dopf’s throat.

The two officers agreed Winmill received “knee strikes and punches” while on the ground, but wasn’t kneed in the head.

But overall, the two officers “provided flawed accounts of what took place that evening,” Graham said in his ruling.

The judge criticized Dopf’s evidence and demeanour during the trial. At times Dopf’s evidence was “unintelligible,” Graham said in his ruling.

It took almost 20 questions and Dopf was “particularly and unnecessarily testy in his exchanges” with defence counsel about why he entered the residence.

“He was also combative and sarcastic” when questioned about Winmill’s actions, the judge said.

“Determining what had taken place inside the residence was made more challenging by some of the evidence given by Const. Dopf,” Graham said.

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After his acquittal, in June 2016, Winmill sued the Woodstock police services board, Const. Dopf and other officers. The statement of claim in that lawsuit alleges Dopf and the other constable assaulted Winmill after confronting him in his living room.

Lawsuit statements of claim, and of defence, contain allegations not yet tested in court.

When Winmill stood up, Dopf pushed him violently in the chest and threw him to the floor, the statement of claim alleges. Dopf and another officer then struck Winmill in the back and head with their knees and fists, according to the claim.

The blows caused head trauma, a concussion, cracked teeth and other injuries, as well as back pain and difficulty walking, the statement of claim alleges. The injuries forced Winmill to take medical leave from work for several months and to take modified duties when he did return, the lawsuit contended.

In a statement of defence, the Woodstock police services board contended Winmill became belligerent with police and refused to obey commands to co-operate. A physical altercation took place “solely by reason of Mr. Winmill’s failure to comply with the lawful commands of police,” according to the statement of defence.

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The lawsuit was settled last year. As is usual with settlements, neither party will discuss the terms of settlement, including whether a payment was made.

Nothing about the judge’s comments from the Winmill trial – including questions about who assaulted whom – or the allegations from the civil lawsuit were noted during Dopf’s sentencing this March.

It’s no surprise to lawyers Craig and Egan that Woodstock police didn’t bring up Dopf’s past.

It appears to many criminal defence lawyers that officers who may have acted improperly “get applauded by the police forces and promoted rather than disciplined in any way,” Craig said.

The trial wouldn’t have even taken place but for the surveillance video, Egan said.

“It certainly doesn’t appear that Dopf came forward and said, ‘Hey, I lost it. I did something terrible.’ ”

The video shows another officer restraining Bosch did nothing at that moment about the assault and it appears he didn’t report the assault either, Egan said.

“He just he basically stood there. That’s alarming,” Egan said.

Because he’s facing a Woodstock police internal investigation, Dopf can’t comment on Egan’s suggestions his client didn’t report the incident, said his lawyer, O’Hara.

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“Without in any way acknowledging the accuracy of Mr. Egan’s suggestions, given the ongoing nature of the legal proceeding, it would still be inappropriate for Const. Dopf to comment about specifics concerning the incident or what occurred following the incident,” O’Hara said in an email.

But Egan’s suggestions appear to be confirmed by comments made by Crown attorney Swart at the trial.

“The investigation (into the assault by Dopf) was initiated when the video was obtained by police,” she said.

Dopf still faces a potential Police Services Act (PSA) hearing over his actions during Bosch’s arrest.

He “is unable to provide any comment on current or prior legal matters he may have been involved in,” O’Hara told The Free Press.

Aside from confirming there is a review of the case, Woodstock police Chief Rod Wilkinson said he couldn’t comment further because of a potential PSA case.

There are rules governing both police and the Crown in disclosing at a trial previous misconduct allegations against an officer.

Ontario’s Crown Prosecution Manual says police must provide and the Crown must disclose in a trial any previous findings, or allegations of police misconduct “that relates to the subject matter of the offence for which the accused is charged.”

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The manual also says any findings or allegations of serious assault that could bear on the case against the accused must be disclosed.

The Crown does notify her about previous findings of police misconduct that relate to what her clients are accused of, Craig said.

So, what if the officer with the allegations of previous misconduct is now the accused?

“Absolutely” the court should be notified, Craig said.

“I find it very difficult to understand how prior allegations of misconduct, while acting in his role as a police officer, could not be relevant. Clearly they are,” she said. “The weight a judge accords to them in sentencing might be a different matter, but prior history of (alleged) misbehaviour or misconduct is always relevant to a sentencing.”

The Free Press asked the director of Crown operations for the region and the deputy Crown for London about the manual’s directive in relation to the Dopf trial:

“Wouldn’t allegations of a previous assault by an officer – albeit in a lawsuit – and a judge’s questioning about that officer’s possible assault in a sentencing warrant such disclosure at Const. Dopf’s recent trial? Can you explain why this wasn’t disclosed, given that directive?”

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The Crown attorneys sent the questions to the Ministry of the Attorney General.

“Please note that the Ministry of the Attorney General cannot provide any legal advice or legal interpretation for members of the public or media,” a spokesperson emailed.

“It may assist you to know that the section of the Crown Prosecution Manual you have referenced requires the prosecutor to disclose prior findings or allegations of police misconduct that relate to the subject matter of the offence to the accused person. (the spokesperson’s italics) The requirement does not relate to what evidence or material the prosecutor is required to present at trial.”

There was no further explanation.

That response drew a chuckle from Craig. It’s often difficult getting straight answers from the Crown’s office, she said. “There are many layers of bureaucracy and it’s very difficult to know where the decisions are made and where they’re coming from.”

The Crown’s office, police, London’s provincial jail – all have shrouded this case in secrecy, Bosch’s family contends. And that has left Che Bosch’s death unknown and unnoticed, they said.

Born 20 months apart, she and her brother had pretty normal lives growing up in Woodstock, Lori Bosch-Garland said.

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“He was a good kid, always happy-go-lucky. He had lots of friends and played soccer. He was just a regular kid.”

As a teen, “he was not an angel, but he was not a bad, bad kid,” she said.

After high school, Bosch did some odd jobs and owned a Dickie Dee franchise for a time. He was a carny for a time and dealt some drugs, then straightened out. But he got ill, diagnosed with Type 2 diabetes, and about 15 years ago, went on disability assistance.

“You can’t live off that. He got involved in drugs. It was easy money,” his sister said.

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Che Bosch lost contact with his children during a messy separation from their mom, but reconnected several years ago, said his now-adult daughter, Kayle-Ann Howe-Bosch.

She remembers a friendly, selfless man who looked after her children and was always there to help her.

“He was my best friend. My kids ask about him every day,” she said. “He would watch my kids all the time, take them out – to the zoo, the arcade, Canada’s Wonderland.”

Her father wasn’t dealing drugs when they first tried to reconnect about 10 years ago, she said. But lately, and as his health declined, he looked on it as a way to make money for the family.

She was out the day police raided her house, and had no idea there were drugs hidden there, Howe-Bosch said. She and her fiance both were charged with drug offences after the bust. The charges later were withdrawn.

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Because there was a no-contact order between the people accused, Howe-Bosch couldn’t speak to her father. “I wasn’t able to talk to him and say goodbye to him,” she said, crying.

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Che Bosch spent one night at Woodstock jail, then was taken to the Elgin-Middlesex Detention Centre (EMDC) in London on Oct. 18, 2022.

His diabetes gave him neuropathy – severe damage to his nerves – in his legs, his sister said. “He would have big open sores on his leg and he had some on his arms too.”

With medical problems and requiring 19 different medications, her brother needed special health treatment, Bosch-Garland said.

“I called the jail and said, ‘Where are you putting him? He has medical needs and needs to go on the medical range.’ They said, ‘You don’t tell us where he goes. We will decide where he goes.’”

Bosch called her from jail several times, his sister said. “He was complaining about back pain and his ribs. He told me that the cops beat him up.”

Bosch also described a visit to the hospital while at EMDC. With chest pains and trouble breathing, he spent 45 minutes on the floor of his cell one day calling for help before anyone arrived, he told her, Bosch-Garland said.

His blood pressure spiked about 220 over 180 and he was taken to hospital, only to be given some kind of shot and sent back to EMDC, she said.

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Interactions between hospitals and jails have been highlighted by inquests into inmate deaths in Ontario. In several cases involving EMDC and London hospitals, inmates were taken to hospital and quickly released back to custody.

“People seem to be discharged very quickly back to the jail. Whether that’s because there’s some misunderstanding that there are adequate health-care facilities in jails, has never really been clear to me,” Egan said.

It may be that managers don’t want to pay overtime to correctional officers waiting at hospital, or it may be security concerns from hospitals, he said.

Bosch got bail and was released to his sister’s custody on Nov. 2, 2022.

“He was in really rough shape,” she recalled.

Bosch-Garland and her husband took Bosch to their home near Bracebridge, and put him in with their mother in a granny flat on the property.

Bosch spent a few days resting, drinking water, tending his wound and taking his medication. He was keeping track of his sugar levels, but wasn’t feeling well, his sister said.

The house woke up on the morning of Nov. 9 to an alarm ringing in the granny flat. They found Bosch on the floor and called 911.

He was taken to hospital, arriving with a fever, general weakness, an “altered level of consciousness” and sepsis connected to cellulitis on his left leg, a coroner’s report later said.

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Bosch-Garland photographed the sore on her brother’s leg. She later showed the photos to her niece, Bosch’s daughter.

“Oh my God. That sore did not look like that three weeks ago,” her niece Howe-Bosch told her then, and repeated to The Free Press.

About 4:30 the next morning, Bosch’s organs shut down and he died.

“The immediate cause of death is determined to be gram-positive sepsis, due to left leg cellulitis, due to Type 2 diabetes,” the coroner’s report concluded.

High sugar levels can impair the immune system and allow bacteria to spread. Cellulitis can spread into the blood stream and cause sepsis, which is when the immune system attacks the body itself.

Bosch was assaulted Oct. 17 and died Nov. 10. There is nothing in the coroner’s report connecting Bosch’s assault to his death.

There’s no way of knowing how the time in jail contributed to the infection. But in interviews, jail staff and inmates have described mould in air ducts, backed-up toilets, filthy walls and floors.

“I’ve been in there and and I’ve seen what appears to be things growing on the vents. It’s actually skin and hair in the ventilation system. It’s a closed ventilation system,” Egan said.

Medical care at EMDC often has been a factor in inmate deaths, according to coroner’s inquests. Over the last 13 years, 22 inmates have died.

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“The province purports to provide the same treatment in jail as is available to the general public. That is simply not true. Medical care is secondary in the jail,” Egan said.

It’s unlikely Bosch’s death, many days after his release from EMDC, will lead to a coroner’s inquest that might shed light on his time at the jail, Egan said.

After her brother’s death, the family found out someone had been charged with assaulting him only through some digging and the media, Bosch-Garland said.

She saw a news report Dec. 7, 2022, about a Woodstock officer being charged for an incident on Oct. 17 and started to make the connection to her brother’s arrest and his complaints of being beaten, Garland Bosch-said.

A Free Press reporter contacted her then and confirmed the assault victim was her brother, she said. “That was the only way I found out.”

The Crown’s office has never contacted her, and the first time the family spoke to a Crown lawyer was at Dopf’s trial in March 2024, Bosch Garland said.

No one from victim impact services contacted them, either, she said. It was Egan who arranged to get the family’s victim impact statements ready for Dopf’s sentencing hearing, she said.

“We never heard from anyone in the London court or Woodstock. It makes us think it was all backdoor deals.”

Lori Bosch-Garland has started an online petition to have Woodstock police dismiss Dopf.

“We believe this action will help restore some measure of justice for Che Bosch and reinforce public confidence in our police force,” she wrote in a Facebook post for the petition.

The family also is considering civil action against EMDC, at least.

“We are so disappointed in that whole system,” Bosch-Garland said. “We expected a fair justice system. It just failed us completely.”

rrichmond@postmedia.com

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