Closing arguments are complete in the criminal trial of a Windsor police officer who has pleaded not guilty two counts of aggravated assault and one count of assault causing bodily harm.
Sgt. Deler Bal, now 51, was involved in a fight with Donald Conner on Sept. 23, 2023 at a restaurant in Ottawa.
It happened just before 9 p.m. on Sept. 23, the day before Bal and the Windsor Police Honour Guard participated in a memorial service in the Nation’s Capital.
Bathroom stall mistake
Court learned Bal entered the restaurant washroom and tried to use a stall that was in fact occupied by Connor.
Bal apologized and went to a urinal that was no longer in use.
While standing there, Connor approached from behind and demanded to know why Bal tried to open the door.
“It was a mistake. I’m sorry,” Bal told Connor. “You should lock it next time.”
Connor repeatedly demanded Bal observe the stall door lock was broken.
Bal says Connor got into his “personal space” – standing just one foot away – and continued to demand Bal check the door.
By his own admission, Bal pushed Connor back with both hands.
Connor reacted by pulling Bal’s hoodie over his head – commonly referred to as “jerseying” – and pushed Bal up against the wall and the floor.
The men continued to fight out into the hall where surveillance cameras captured 10 seconds of the end of the altercation.
In it, Bal punches Connor in the head – he pushes Bal back and appears to be ready to punch himself – when Bal attempts and fails to land another punch.
The fight then ends with Connor walking away.
Self defence? Or unreasonable reaction?
Justice Juliana Martel must decide if Bal’s actions are motivated by self defence or was his reaction unreasonable.
Assistant Crown Attorney Hart Shouldice told her the public expect police officers to respond to confrontation in a more measured way.
“He is trained in use of force, trained in physical violence, trained in de-escalation tactics,” Shouldice told the judge. “He did not use better judgment.”
Shouldice believes Bal started the fight by pushing Connor backwards.
The prosecution believes Bal could have de-escalated the situation by walking away and they believe Connor was a “non-existent threat”.
Court learned Connor weighs at least 60 pounds more than Bal and is slightly taller.
Shouldice, however, noted Bal goes to the gym regularly and has extensive training in dealing with conflict.
“He (Bal) hit first. He hit hardest. He didn’t end it,” Shouldice said.
The Crown reminded Justice Martel that Connor suffered a broken bone on his nose and a concussion.
Bal on the other hand did not seek medical attention and only had bruises on his back; injuries which the officer says remain today.
Defence lawyer Mark Ertel however, paints a different story describing it as “..a large man getting into personal space, in a tight area and in a threatening atmosphere.”
Ertel reminded the judge Connor refused to accept Bal’s two apologies for the innocent error of touching the stall door.
He believes Bal’s comment to Connor to “just leave then” was his attempt at de-escalation followed by a push instead of going straight to punches.
Ertel said Bal only punched when he was grabbed by the collar of his hoodie.
“His (Connor’s) story does not hold up in several significant ways,” Ertel told the judge.
During his police interview at the hospital the night of the fight, Connor never mentions pulling Bal’s hoodie over his head.
It only came up on cross-examination at trial, by Ertel.
Connor also testified that he was behind the bathroom door, on the floor, when the men exited – in the middle of their fight.
Court saw in the surveillance video that Connor was in fact on his feet, in front of the bathroom door, not behind it.
Judge needs time for decision
The crown has asked Justice Martel to dismiss Bal’s evidence entirely while the defence has asked for the same of the complainant, Donald Connor.
She has asked for some time to make her decision.
Justice Martel will give her judgment on Feb. 20.
