A new trial has been ordered in the 2009 shooting of William Gillespie by RCMP officer Const. David Pompeo.
Pompeo was convicted of aggravated assault in the case in February 2013. For shooting the unarmed Gillespie, he was sentenced to two years probation and 240 hours of community service. He was also allowed to keep his firearm.
Pompeo filed an appeal of the conviction in February of 2013. The appeal, heard by Justice Harvey M. Groberman, Chief Justice Robert James Bauman and Justice Nicole J. Garson, concluded that Judge Josiah Wood erred in excluding the evidence of an expert witness who said the use of lethal force was in accordance with police protocols and training and so the shooting was necessary.
The appeal court also found that Judge Wood â€œwent beyond his proper role when he made requests that evidence be tendered and when he engaged in lengthy questioning of witnesses.â€