The Ontario Court of Appeal has upheld the trial judge’s decision to acquit Belleville police officer Paul Fyke
of assault causing bodily harm in a 2019 incident involving the arrest and injury of a Tyendinaga man.
The Crown filed an appeal of Justice Patrick Hurley’s decision to acquit Fyke who took part in an altercation with Mario Baptiste Jr. along with Constable Jeffrey Smith inside a Taco Bell restaurant.
Smith was found not guilty of assault causing bodily harm but guilty of common assault and was given a conditional discharge, 12 months probation and 120 hours of community service.
The entire incident revolved around the off-duty Fyke believing Baptiste Jr., along with two other men, had stolen an energy drink from Lowe’s hardware store.
The Crown appealed the decision after the verdict, believing Justice Hurley made errors in law.
The Ontario Court of Appeals’s detailed decision, released Friday August 29 2025, can be seen here.
Meanwhile, a $550,000 civil lawsuit against the Belleville Police Service and several officers filed by Baptiste Jr.
remains before the courts.
