Halifax police officer gets 12 months probation for choking intoxicated man unconscious

A Halifax Regional Police officer's badge is pictured. (Jonathan MacInnis/CTV Atlantic)

A Halifax Regional Police officer who choked an intoxicated man unconscious will have to serve a 12-month probation before being discharged.

Const. Jacob Farr, 33, pleaded guilty to assault for putting pressure on a man’s neck until he lost consciousness outside a McDonald’s on Spring Garden Road on Oct. 12, 2020. Associate Chief Justice Patrick J. Duncan sentenced Farr to probation on Aug. 21. The written decision was released Tuesday.

According to agreed-upon facts of the case, Nathan Downing was loitering at the Lord Nelson Hotel with an open bottle of rum when a security guard asked him to leave. Downing went to the nearby McDonald’s and stole soda by filling his bottle with it. He also did not wear a mask, which was contrary to COVID-19 regulations at the time.

The facts state police arrived at the scene and removed Downing from the McDonald’s. Downing was “intoxicated and at times, combative, and actively or passively resistant.” He approached Farr with his right hand raised and Farr pushed him to the ground.

After Downing was arrested and handcuffed, he spat on Farr twice and kicked at him, according to the facts. Farr moved Downing’s head to avoid being spat upon and restricted Downing’s airway in the process, causing him to briefly lose consciousness.

“Mr. Downing provided a very brief but pointed Victim Impact Statement underscoring that this incident has added to his previous distrust of the police,” Duncan said in the written decision. “Mr. Farr was wrong in his conduct and he has acknowledged that with his guilty plea.”

Duncan noted Farr has no previous criminal record and cited numerous positive letters of support for him. He also said an officer who receives a criminal charge also triggers an internal complaint under the Police Act.

“If a member is convicted, it is considered detrimental to their continued employment as a police officer. If the member receives a discharge, the possibility of continued employment is enhanced,” Duncan said. “I am satisfied, based on this information before me, that it is in Mr. Farr’s best interests to be discharged.

“The spontaneous use of force, following some provocation by the victim and not resulting in injury, by an officer for whom it would seem to be atypical behaviour, such as the circumstances of this case, requires a more nuanced balancing. The context of the commission of the crime and the otherwise good character of the offender, in my opinion, attracts more consideration.”

Duncan said Farr will be discharged after serving the 12-month probation period. He will also perform 80 hours of unpaid community service and pay a $200 victim surcharge.

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