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BARRHEAD - A former Barrhead resident now living in Sylvan Lake received a 60-day conditional sentence and 12 months of probation after he assaulted police officer in spring 2022.
Nathan Randall Snyder pleaded guilty at Barrhead Court of Justice on October 10 to assaulting a peace officer.
Justice Arnold Rice handed down the sentence as part of a joint submission reached by Snyder, who represented himself and the Crown.
"Assaulting a police officer is a big deal. They are out there dealing with the public, and it is getting more and more dangerous all the time," he said. "But the sentence will help you get the proper counselling and keep you on your rehabilitation. I also understand that you had a bad accident and have a brain injury, and you were drinking that day, and the things that happen to people without brain injuries are way worse for you."
As part of his ruling, Rice also waived the victim fine surcharge.
The Crown withdrew two other charges, resisting a peace officer and uttering threats to cause death or bodily harm.
For the first 30 days, Snyder is effectively under 24 hour a day of house arrest, as he is forbidden to leave his residence for any reason except for court appearances and counselling or treatment ordered by his probation officer, along with approved medical appointments, getting groceries and other necessary items, and for employment or training.
In the second 30 days, Snyder must abide by a curfew and remain at his residence from 9 p.m. to 6 a.m.
In addition, over the 60 days of his sentence, Snyder is prohibited from possessing or consuming alcohol or other non-prescribed drugs.
After that period and during his probation, Estephan said that the prohibition on alcohol is vacated, but he must not be found intoxicated in a public place. As part of his sentence, Snyder is also prohibited from possessing firearms or other restricted weapons, including knives, except those to prepare and eat food.
The facts
Crown prosecutor Anthony Estephan stated that on March 22, 2022, Const. Ashish Ralh was driving eastbound on 51st Avenue with his windows down when he noticed a male travelling on a bicycle with a dog westbound on the sidewalk.
"The male could be heard screaming and uttering profanities such as 'f##k you, among other things, that Const. Ralh could not make out," he said.
As Ralh passed him, Estephan said, Snyder started yelling obscenities at the officer.
He said Rahl, then turned around to check on Snyder and asked him from inside his vehicle if he was OK.
"Snyder replied, 'f##k you. I'm OK. What is it to you?'" Estephan said, adding Rahl then asked him if he was intoxicated.
Snyder said he wasn't intoxicated, again using profanity-laced language.
"Const. Ralh believed Snyder to be intoxicated as his speech was slurred and was unsteady on his feet," Estiphan said, adding that Snyder was becoming more belligerent to the officer and started screaming louder to the point he was spitting on the constable.
Eventually, Rahl rolled up his window to avoid being spat on and attempted to open his door to speak to Snyder.
However, Estephan noted that Rahl stated that Synder attempted to stop him by pushing on his door but that he managed to "push him back" and get out of the vehicle, speaking to him from a distance.
Smelling alcohol on his breath, Rahl told Synder to walk home, knowing he only lived a few blocks away.
Snyder responded by threatening to punch Rahl before clenching his fist and cocking his arm back.
Estephan said Ralh caught Snyder's arm, taking him to the ground, where he resisted arrest until additional help arrived.
During the takedown of Snyder, Ralh experienced an injury to one of his middle fingers on his right hand. Doctors suspected he may have sustained a small fracture.
Defence
Snyder agreed with the facts except for his slurred speech, saying he has a speech impediment due to a brain injury he suffered when he was 18. Similarly, he said that he walks awkwardly due to injuries sustained in 2020 when he "shattered his heels".
He added that most of the profanities Rahl overheard had been directed at his dog, not the officer.
"But I understand how he may have understood it that way," Snyder said.
Crown's sentencing position
Estephan said Snyder has a two-page criminal record with entries from January 2014 and November 2021 but added none of the convictions were for violent offences.
"This is essentially his first violent conviction," he said.
Estephan also said that while Snyder's guilty plea was not early, as he had been scheduled to go to trial, the fact that he "showed up ready to plead guilty" counted as a mitigating factor.
On the aggravating side, Estephan said an assault on a police officer is a very serious offence, and one that is added to due to the injury, while not intentional, that Rahl received is another aggravating circumstance.
"Although not particularly lengthy, it is still a custodial sentence; it does have some element of denunciation and deterrence to it while also focusing on rehabilitation to address the underlying crux of the incident, which was his alcohol consumption," he said.
Barry Kerton, TownandCountryToday.com
