VANCOUVER - A new trial has been ordered for an RCMP officer convicted of aggravated assault for shooting a suspect during a traffic stop on Vancouver Island.
The B.C. Appeal Court ruled the lower court judge erred in excluding evidence from an expert witness when he determined Const. David Pompeo was guilty.
In a unanimous ruling from a three-member panel, the judges agreed that the lower court judge assumed an active role in questioning witnesses during the trial, which compromised the appearance of fairness.
The trial heard that Pompeo, who worked in the Duncan, B.C., detachment, was with another officer when they pulled over Bill Gillespie in September 2009 because they believed he was driving while prohibited.
Pompeo told his trial he shot Gillespie because he thought the man was going for a weapon in his pocket.
Pompeo has already been sentenced to two years probation and 240 hours of community work, but the appeal court has ruled the case should go back to court for another trial.
