A decision on the case of Constable Jeffrey Smith has been moved to May 7.
Smith was found guilty of assault in the 2019 incident at Taco Bell when officers took down Mario Baptiste Jr of Tyendinaga Mohawk Territory.
Constable Paul Fyke was also charged but found not guilty of assault while Constable Kyle Dodds had charges against him withdrawn.
A sentencing hearing took place on Thursday at Quinte Courthouse where both the crown and the defence presented their arguments to Justice Patrick Hurley.
Defense lawyer Leo Kinahan said he was strongly seeking a conditional discharge and lightly wanting an absolute discharge.
Meantime, Crown lawyer Ian Bulmer was seeking a conditional sentence of 30-60 days with the possibility of house arrest.
Before proceedings ended, Constable Smith turned to Baptiste Jr. and members of his family who were sitting in the gallery of the courtroom and apologized for his role in the arrest and that he had learned from the incident.
While the case has been moved, it might not be over in May.
Quinte News has learned that the Crown filed a Notice of Appeal with the Ontario Court of Appeal against decisions made by Justice Patrick Hurley on the charges laid against Constables Paul Fyke and Jeffrey Smith.
In the notice, it says Justice Hurley made several errors in law. It asks the court to allow the appeal and to find Fyke guilty or to order a new trial.
When it comes to Constable Smith, the Crown asks that his acquittal on an assault causing bodily harm charge be set aside and that a new trial be ordered.
Baptiste Jr. has launched a $550,000 civil lawsuit against the Belleville Police Service and several officers.
