A Toronto police officer won’t spend time in jail for threatening to shock two handcuffed men in the genitals with a Taser during a robbery investigation.
Const. Christopher Hominuk, 38, was given a conditional discharge on Monday after a judge ruled that his actions on May 24, 2010, could be attributed to hypoglycemia.
He pleaded guilty last February to one count of threaten bodily harm.
The judge also handed him nine months probation and ordered him to perform 50 hours of community
Hominuk, a 13-year-veteran, suffers from Type 1 diabetes and said he skipped lunch on the day of the incidents, which were recorded on in-car video. The videos showed Hominuk pressing his Taser into the suspects and threatening to zap their testicles if they lied to him.
Dr. Anne Kenshole, an expert on Type I diabetes, testified that Hominuk’s behaviour was consistent with someone in a hypoglycemic state of confusion.
“He’s an exemplary officer, the trial judge found that,” said defence attorney, Lawrence Gridin. “We are also pleased that the trial judge accepted the extensive medical evidence that we presented and concluded that a conditional discharge is appropriate.”
A conditional discharge means Hominuk won’t have a criminal record and can remain on the force.