Charges withdrawn against Hamilton cop accused of assault
2 charges of discreditable conduct withdrawn as criminal case entered peace bond
A Hamilton Police officer who pleaded guilty and was demoted for assaulting his ex-wife has had Police Service Act charges in a second alleged assault of a different woman withdrawn.
The PSA charges against Constable Stephen Daniels were withdrawn after a criminal assault and breach of probation charges against him, laid by Ontario Provincial Police, were dropped in lieu of a peace bond in criminal court.
Based on that decision, as well as an unwillingness to participate by the victim of Daniels' assault, Hamilton Police counsel Marco Visentini said the evidence he has against Daniels doesn't meet the threshold of reasonable conviction.
As a result, the officer's PSA charges, two counts of discreditable conduct for his second alleged assault against a woman, were withdrawn.
"Given that the misconduct in the notice of hearing flows from the same facts of the criminal charges that were dealt with by way of peace bond," Visentini said, "and given that I don't have any evidence to lead against Police Constable Daniels, I am of the view there is no reasonable prospect of conviction in respect to the PSA charges and I am asking today that the notice of hearing be marked withdrawn."
The latest alleged assault incident took place off duty on June 29, 2014, while Daniels was on probation for assaulting his ex-wife.
For the previous assault, the then 27-year veteran of Hamilton Police was demoted from first-class constable to a second-class constable for a year, losing $18,000 in pay. In 2012, Daniels made the province's sunshine list with a salary of $111,792.22. In that incident, Daniels pleaded guilty to the assault and the PSA discreditable conduct charges.