An Edmonton police officer hassuccessfully appealed an assault conviction for using a Taser twice on a jaywalker.
Const. Aubrey Zalaski, 34, was found guilty of assault with a weapon in April, but a judge has now overturned that original verdict, awarding the officer a new trial.
Justice James Lewis ruled the Crown had not proved beyond a reasonable doubt that excessive force was used in the arrest of Paul Cetinski Jr., 35.
In April, provincial court Judge Brian Fraser said Zalaski overreacted with an "unnecessary, gratuitous use of force" when he stopped Cetinski for jaywalking downtown in August 2004.
Cetinski had testified he had a handcuff on one wrist when he turned to look at Zalaski. He told the court the officer jumped back, then zapped him twice with a Taser, including once after he had fallen to the ground.
Zalaski was given a conditional discharge with a one-year probation.
A new trial date is scheduled to be set Nov. 22.