No conviction recorded for senior cop David James Ray who assaults boy on duty
A long-serving Queensland police officer has been fined, with no conviction recorded, after he pleaded guilty to assaulting a 15-year-old boy while on duty, a court has heard, as the judge slammed his actions.
Ipswich
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A long-serving Queensland police officer has been fined, with no conviction recorded, after he pleaded guilty to assaulting a 15-year-old boy while on duty, a court has heard.
Senior Constable David James Ray, 48, faced the Ipswich Magistrates Court on Thursday charged with three counts of common assault.
The court heard that he pleaded guilty to all offences on December 6.
A group of police officers, including the defendant, were attempting to enter a house, where the 15-year-old boy was located, in pursuit of two females who were believed to be involved in an illegal activity in relation to the use of a motor vehicle on January 1 in Leichhardt.
Despite several attempts, they could not get a response from the occupants, so the defendant kicked open a door and entered.
The court heard the boy and his female friend both co-operated when they were told to come out into a hallway.
The court heard Ray claimed the boy was seen carrying sharp implements when he was approaching him, which Ray then grabbed off him, but Acting Magistrate David Shepherd said he was sceptical about the claim.
The boy verbally abused the officer by calling out “c — k it” or something similar.
An audio recording supplied by the boy’s family capturing the scene, which was not shown in court, revealed that Mr Ray repeatedly asked “What did you call me?” with the boy responding “f – k you”, followed by another voice yelling “stop”.
The court heard the incident was captured on the body-worn cameras of the defendant and the other officers and were shown to the court.
Mr Shepherd said the defendant’s response crossed over into criminal behaviour.
“The officer should not have been the subject of such abuse,” he said.
“It’s probably not the smartest thing the complainant’s ever done, but by the same token, I would be surprised if in his 22 years of service, the officer had not been subjected to worse abuse.
“The scene shows two males in a hyper situation treating each other with escalating levels of disrespect, one (was) a 15-year-old boy and the other (was) a grown man of bigger stature in a position of authority who was in fact behaving like a 15-year-old boy.”
The defendant then slapped the boy to the side before there was an exchange of blows.
Ray suffered some injuries including a bloody nose and a minor fracture of nasal bones, which did not cause any ongoing problems, while the boy was formally restrained, facing down with sounds of distress heard.
The boy was then taken to the floor, with Ray saying “you got me a good one”, before pushing him into a door or a wall to handcuff him.
The defendant threw the boy into the back of a police van afterwards, causing minor bruising to his head and body.
Mr Shepherd slammed Ray’s actions as dangerous and unnecessary.
“(This) showed complete disregard for the complainant’s safety,” he said.
“It is a matter of good fortune that the complainant did not suffer a serious injury from this act.”
The court heard Ray had experienced PTSD and burnout symptoms for years.
Mr Shepherd said this was an important feature.
“I believe it is reasonable to suspect that at the time of the offence Mr Ray’s judgment and decision making were impaired due to his PTSD symptoms, which also played a significant role in his mood, impulsivity and aggressive behaviour,” he said.
“I’m satisfied that the conditions suffered by the defendant are genuine and had a significant impact upon his behaviour.”
Mr Shepherd imposed a $5000 fine and ordered $2000 compensation be paid.
“One would expect that that would not be done while he was wearing a camera and while he knew one of the other officers was wearing a camera, and it was all going to be recorded,” he said.
“That would tend to indicate that this was an impulsive act by him, brought about by a sudden manifestation of these conditions.
“I’m satisfied that a fine adequately addresses all the relevant factors for deterrence, punishment, but in the circumstance of this case, it cannot be a mere tokenistic response.”
No conviction was recorded.
The boy’s mother, who cannot be named to protect the identity of the child, told the Courier-Mail after the hearing that she was upset by the outcome.
“I just want people to know that he can’t do this to another kid,” she said.
She also said police released her son from the watch house with no charges, and no officers contacted her afterwards.
Ray made no comment when he was leaving the courthouse.
Queensland Police Service was contacted for response.
Originally published as No conviction recorded for senior cop David James Ray who assaults boy on duty