A Whitehorse man was sentenced to 100 days in jail after pleading guilty to kicking a police officer in the chest during his arrest in November 2018 and failing twice to comply with his bail conditions.
Jeffrey Blackburn 48, pleaded guilty to one count of assaulting a peace officer and two counts of failing to comply with a condition of an undertaking or recognizance before deputy territorial court judge Gerald Morin on May 14.
According to an agreed statement of facts read out by Crown prosecutor Leo Lane, Whitehorse RCMP responded to a call on Nov. 5, 2018, after Blackburn’s grandmother, whom he was living with, went to a neighbour’s house for help.
Officers arrested Blackburn, Lane said, and there was “prolonged struggle” to get him into a police car. During the struggle, Blackburn kicked an officer, who was trying to get his legs into the vehicle, multiple times in the chest at “full force.”
Blackburn was in an “agitated state” throughout the incident and appeared to have been intoxicated.
Blackburn then violated his bail conditions twice — once, when he showed up to his grandmother’s house despite being prohibited from doing so, and a second time when he failed to report to his bail supervisor.
The Crown and defence entered a joint submission for sentencing, disagreeing only on whether Blackburn should be restricted from living at his grandmother’s house once released on probation. They otherwise requested 60 days for the assault on a peace officer, 30 days for breaching his bail condition and 10 days for failing to report, followed by one year’s probation.
Blackburn has already completed the sentence due to credit for time he’s already served.
Morin accepted the sentence. He disagreed with the Crown’s assertion that Blackburn should be restricted from living with his grandmother, instead imposing a condition on the probation order that Blackburn have no contact with her should he be under the influence of drugs or alcohol at her house.
The Crown stayed several other charges against Blackburn.
Blackburn was previously convicted of assaulting a peace officer in 2014 after beating a police officer during a 2011 traffic stop.
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