John Vicente: NSW Police senior constable fights assault charge over alleged chokehold

The police officer who allegedly grabbed a handcuffed man in a chokehold, saying “I will put you to sleep c***”, has defended his actions as “instinctive” in court.

A Sydney police officer who allegedly placed a handcuffed man in a chokehold before saying “I’ll put you to sleep c***” has defended his actions as “instinctive” in court.

Senior constable John Bernard Vicente has been charged with assault following allegations the 39-year-old man, surrounded by nine other police officers, used a forceful chokehold or headlock to restrain an already handcuffed man. He has pleaded not guilty to the charge.

Vicente gave evidence at Downing Centre Local Court on Tuesday of the lead up to the incident in the early hours of June 15, 2019, telling the court he had dealt with a man suffering from psychosis and a foot pursuit.

The police officer then received a radio call concerning a group of women who had been assaulted, the court heard.

British citizen Alistair Stoner, who was later charged and convicted of two counts of common assault, had approached two women and swung his left leg, causing one of the women to drop a hot dog, the court heard.

Sydney Senior Constable John Bernard Vicente is charged with common assault.

When Vicente arrived at the scene, he noticed Stoner arguing with a group of police officers.

“He was resisting and very belligerent towards officers … he would always argue with the police, he would not follow their instructions and you could see he was trying to fight back,” Vicente told the court.

Vicente said he was smaller — both in height and weight — than Stoner, which is why he first placed his hand on Stoner’s shoulder.

“I could feel the level of aggression rising … I put him to the ground with my hands on his shoulder to prevent him from springing up,” Vicente said.

“I felt a sudden point of movement in his body at that point — I felt the violence was going to be imminent,” Vicente said, describing the moment before he allegedly placed Stoner in a headlock.

Vicente’s lawyer said at no point did Stoner lose consciousness and their client was reacting instinctively to someone “behaving in a bizarre, aggressive and non-cooperative manner” with police.

Vicente appeared at Downing Centre Local Court. Picture: John Grainger

However, during cross examination, the crown prosecutor drew attention to the words and actions of Vicente on that night, specifically the moment the police body camera footage showed Vicente allegedly grab Stoner around the neck and say, words to the effect of, “shut the f**k up, I’ll put you to sleep c**t”.

The prosecutor told the court Vicente had endured a difficult shift and lost his cool.

“You deliberately put Mr Stoner in a headlock … it wasn’t an accident,” the crown prosecutor said.

Vicente was patrolling Surry Hills on the night of the incident.

“(The nine other police officers) didn’t have the same response as you … the force you used as that stage was not reasonable because you lost your cool.

“You got angry. You’d had enough. You lost your cool. So, you took things into your own hands and threatened to put him (Mr Stoner) to sleep.”

Vincente denied he lost his cool and told the court he was trying to manage the situation as best as possible.

“At the time, I (was) trying to match the intoxication and belligerence (of Mr Stoner),” Vincente told the court.

Magistrate Eve Wynhausen reserved her judgment for a later date.

‘I’ll put you to sleep c**t’: alleged threat by cop

- by Clare Sibthorpe, May 2, 2022

A Sydney police officer allegedly grabbed a handcuffed man in a chokehold, causing his colleague to fear he may have become unconscious, before allegedly saying: “I will put you to sleep c***, so shut the f*** up”.

Surry Hills senior constable John Bernard Vicente is fighting the charge of common assault against him by his own employer in the Downing Centre District Court.

The crown alleges the 39-year-old police officer, who has trained colleagues in weapons and self defence training, used a forceful chokehold or headlock which is not taught or approved by NSW Police while responding to a reported assault by a man who was restrained and nowhere near his victims.

However, Vicente’s defence team argued at no time did he exert more force than he believed was reasonably necessary to defend himself and other officers from the threats of violence being hurled at him.

Vicente is defending a single charge of common assault.

The night in question was June 15, 2019 with Vicente working a night shift during Sydney’s Vivid lighting event when he and other officers were called to an alleged assault at a pizza shop on Crown St, Surry Hills about 1:30am.

Constable Sian McGrouther, a witness called by the prosecution, told the court she was also working that shift and was one of the cops to respond to a report of offensive behaviour by a man towards a group of women.

She told the court the women pointed her in the direction of a man who was later confirmed to be British citizen Alistair Stoner, and when she got to him he was with two other officers but she could not remember if he was already handcuffed.

McGrouther described Stoner’s manner as highly intoxicated and argumentative but not physically aggressive. She told the court she believed Vicente was taking Stoner to the police truck when he put his arm around Stoner’s neck in headlock position.

“His arm was bent across the chest and neck of Mr Stoner,” she told the court.

“I remember being concerned that he could possibly be unconscious.”

Vicente outside Downing Centre Local Court.

“Vicente said words to the effect of “shut the f**k up, I’ll put you to sleep c**t”.

McGrouther said she couldn’t remember if Stoner was fighting back but agreed she had made a statement at the time that he became loud and started yelling again when Vicente let go. She agreed in that statement she said she believed Vicente had a hard night and lost his cool.

When back in the car with her colleague senior constable Tristan Vella she told the court she said something along the lines of “that didn’t look good” or “that wasn’t good”.

Vella was also called as a witness and told the court a group of females gave him the description of a man they say had harassed them at a pizza shop, including kicking a kebab from their hand.

Vella told the court Stoner was handcuffed and with two other officers when he and McGrouther arrived.

He described Stoner’s demeanour as erratic, drug-affected and verbally aggressive.

After Vella arrested Stoner, he said another police officer joined the group and then he saw Vicente put his right arm around his neck for five to 10 seconds.

Vicente is defending the allegation of assault in June 2019.

The court heard Vella heard Vicente say the same words McGrouther had heard, in regards to threatening to put him to sleep.

During cross-examination, the defence lawyer asked if it appeared there was any “effective control” of Stoner, despite the fact he was handcuffed and there were several police officers around him, even after Vicente released him.

Vicente answered: “He was in handcuffs and our goal isn’t co-operation, it’s safety”.

The lawyer asked if he was suggesting Stoner had become compliant at any stage, to which he said he became compliant once he was back at the control room. He also said Stoner resisted officers “a bit” when the tried to search him by “moving around his body a bit”.

Both Vella and McGrouther, as well as a third witness named Constable Warden, said they had previously worked with Vicente and he had never shown aggression.

Constable Warden told the court Stoner had been making racial comments about the group of women at the pizza shop and swearing at them, and he continued to yell and swear after he was handcuffed and sat down. He said Stoner was being aggressive and not complying with instruction.

A police body cam video played in court showed an angry Stoner sitting down against a wall, handcuffed and swearing at the group of officers. He can be heard saying he wanted to go home, that he was walking in the opposite direction of the women and repeatedly shouting “I’m a refugee” after being asked what visa he was on.

After several exchanges involving Stoner repeatedly calling the police officers names as they tried to calm him down, the video appeared to show Vicente grab Stoner around the neck and say the words “shut the f**k up, I’ll put you to sleep c**t” before Stoner is carried towards the police truck.

The hearing continues.