Former OPP officer sentenced to 45 days house arrest for road rage attack on stranger

A former Ontario Provincial Police sergeant found guilty of assault in a 2016 road rage incident has been sentenced to 45 days house arrest.

Justice Scott Latimer handed down the sentence for Rui Pacheco in a Kitchener courtroom on Thursday.

The assault occurred on March 13, 2016 while Pacheco was driving with his family on Dundas Street in Cambridge, Ont.

At the time, he was a sergeant with the OPP but was off-duty. 

In his decision, Justice Latimer said Pacheco got into a traffic dispute with the victim, "causing him to become enraged and lose his judgment."

Pacheco followed the victim into a Zehrs parking lot and approached the man and his wife angrily, Latimer said.

Court heard Pacheco delivered the first blow and the victim, who initially tried to fight back, was quickly knocked to the ground while onlookers yelled for Pacheco to stop.

'Road rage happened'

Before returning to his SUV and leaving the parking lot, Latimer said Pacheco kicked the victim "gratuitously."

When asked by a witness what had happened, Pacheco replied, "Road rage happened."

Latimer said the assault had a meaningful impact on both the victim and his wife, pointing to their statements during the sentencing hearing. The man suffered a concussion, and both he and his wife lost a sense of safety after the assault, the judge said.

During a sentencing hearing earlier this month, the Crown asked for a penalty of 30 to 60 days in jail.  

The defense sought a conditional discharge, noting that Pacheco suffers from post-traumatic stress disorder, for which he is currently receiving treatment.

Latimer said he considered several mitigating and aggravating factors when making his decision.

He pointed Pacheco's "unblemished" 21-year career with the OPP and lack of previous criminal record, but also noted the "sustained nature" of the assault which was witnessed by several bystanders, including Pacheco's children.

Latimer also said PTSD likely played a significant role in the assault.

"It would explain why such an experienced police officer would so fundamentally lose control in the face of perceived provocation, while out driving with his family," he said.

Sentence allows for daily, 2.5-hour gym visits

Latimer ultimately concluded that Pacheco's position as a police officer and the seriousness of the assault did not warrant a conditional discharge.

He did however rule out time in jail, instead opting for home imprisonment.

"Ultimately, I am satisfied Mr. Pacheco's mental health condition warrants increased focus on rehabilitation and less focus on deterrent and punishment," Latimer said.

As part of the 45-day sentence, Pacheco will be allowed to attend a gym for two and a half hours a day. The defence explained exercising has helped Pacheco with his PTSD.

In addition, Pacheco will be required to serve 12 months probation. He is also not allowed to own any weapons for a period of five years and is not allowed to contact the victims.

Pacheco was initially suspended with pay following his arrest in 2016.

An OPP spokesperson confirmed he retired from the service in early 2019 but declined to comment further.