Windsor police Const. Kent Rice is guilty of assaulting a man in a public housing stairwell, says the Ontario Court of Appeal.

In a decision filed last week, the Ontario Court of Appeal said "the appeal is allowed, and the finding of guilt made at trial is restored."

Rice was originally convicted at trial in 2013.

The judge at that first trial found Rice assaulted Gladson Chinyangwa, a man he was trying to arrest in February 2012. The incident was caught on surveillance and that video surfaced months later.

The video shows Rice punching Chinyangwa, who is on the ground, once and kicking him twice. Rice was charged after surveillance video surfaced.

That original decision of guilt was overturned after an appeal last year.

The appeals judge restored the original finding of guilt last week.

Rice was originally given a suspended sentence with probation.

The appeals judge has ruled he be given a conditional discharge with probation.

Rice is still a Windsor police officer.

Rice's lawyer, Andrew Bradie, said Rice now faces a Police Act hearing.

"It's been a roller-coaster," Bradie said of the ordeal. "I think that what, if anything, has come out of this process, and it's been a lengthy process, it's that when the video was first viewed it appeared to everyone the person who was kicked was either sleeping or drunk and minding his own business … and was attacked for no reason whatsoever by a police officer.

"What came out of the trial is that the police were called to the residence, there was a lawful investigation being undertaken and Mr. Rice was in the execution of his duty … attempting to affect a lawful arrest. Up to the two kicks, he was acting properly as a police officer.

"I think the whole process has educated people to the rest of the story. It's critical to bear in mind there was a lawful [investigation] leading up to this."

Bradie said Rice's act was not a gratuitous act of violence or an act motivated by anger.

"That determination has never been made," Bradie said.

Bradie called Rice an exemplary officer and said his actions out of character.

Chief Al Frederick said the fact that Rice has been given a conditional discharge is "significantly different and less than the original penalty."

The pending Police Act hearing will determine whether the officer is guilty or not in using excessive force, Frederick said.

"There's a range of penalties if there is a finding of guilt…everything from an admonishment to termination," he told CBC News in an interview on Tuesday.