A Fort Saskatchewan RCMP officer originally charged with sexual assault pleaded guilty Monday to reduced charges and will likely avoid a criminal record.
Mario Alexander Jimenez pleaded guilty to one count of common assault at the St. Albert courthouse and was handed a conditional discharge. Provided he lives up to probationary conditions over the next 12 months, he will not be saddled with a criminal record.
Jimenez was a serving RCMP officer when he attended a party at the Boysdale camp in Sturgeon County on Nov. 10, 2008 and became heavily intoxicated.
According to the agreed statement of facts, the victim, also an officer, was at the party when Jimenez approached her and offered her cherry whisky.
His balance was poor and he fell onto a nearby couch, knocking the woman over, landing on top of her and spilling the whisky on her face and hands.
The victim stood up and decided to leave the party saying goodbye to her friends and stopping in a kitchen to wash the whiskey from her hands before leaving.
Jimenez was also in the kitchen and grabbed the woman by both arms and pushed her into the corner, pinning her against the wall. Jimenez pressed his body against her and stuck his tongue out towards her face, then repeatedly made lewd statements to her.
The woman managed to get one arm free and pushed Jimenez away, but he pushed her back into the corner and tried to reach down her shirt.
When two other officers entered the room Jimenez relented, but before the woman left he grabbed his crotch and made more obscene comments.
Alcohol problem
During sentencing, Crown prosecutor Scott Pittman sought a heavy fine and a year of probation. He opposed the discharge, noting that even though the charges had been downgraded to common assault, they had a sexual overtone and as a police officer, Jimenez should have known better.
Jimenez's lawyer Alex Pringle said his client deeply regretted everything he had done that night and the event had been an eye-opener, forcing him to take a closer look at his drinking problem.
Jimenez was in his first posting and was away from his wife and two children who remained in Ottawa where he had been living. Pringle said the officer had sought treatment for his alcohol problem and attempted to turn his life around.
"He has made a lot of progress and he feels he has control over his drinking problem."
Pringle said Jimenez's intoxication was so severe that night he had no recollection of the events.
"He does not remember the incident. He was totally intoxicated and he told the investigating officers that."
Jimenez spoke briefly for himself and was apologetic for his actions.
"I would like to apologize to the victim and her family for the ordeal I put them through."
In handing down his decision, Judge Leo Burgess said he believed a criminal record would have a huge impact on Jimenez.
"In this instance if a criminal record is imposed on the defendant it will almost certainly end his police career," he said. "Even if I now grant the discharge his career will still be in jeopardy."
Burgess said he believed society would be better off if Jimenez had hope of employment.
"It strikes me that if his job can be salvaged, society is better off."
Jimenez will have to report regularly to a probation officer, attend any recommended counselling and abstain completely from alcohol.
He also will be required to attend Alcoholics Anonymous meetings, have no contact with the victim of the assault and perform 100 hours of community service.
Suspended with pay
Since the incident first came to light Jimenez has been suspend with pay from his duties with the force.
Cpl. Wayne Oakes said he will now face a code of conduct hearing, but they will wait until the court process is finished, including a 30-day appeal period now under way.
"Before any formal disciplinary process can take place that process has to run its course."
Oakes said all options are on the table and that this conviction does not necessarily mean Jimenez will lose his job.
"Each case has to be assessed based on the circumstances or the merits of each case. It is not an automatic that if you are convicted you lose your job."
