Windsor police officer acted in 'self-defence' during bar fight, Crown calls it a 'non-existent threat'
Ontario Court of Justice judge to make decision Feb. 20 in assault trial of Sgt. Deler Bal
Warning: This story contains graphic images.
An Ontario judge is now considering if a Windsor police officer facing three assault charges acted in self-defence when he struck a man in a bar bathroom in Ottawa or if those actions warrant conviction.
After four days of proceedings, both sides made closing submissions Thursday in the trial for Sgt. Deler Bal, 51. He has pleaded not guilty to two charges of assault and one count of aggravated assault.
On the evening of Sept. 23, 2023, Bal was off duty when he got into a physical altercation with Donald Conner in the men's bathroom of Prohibition Public House.
The incident was prompted by Bal mistakenly trying to enter an unlocked stall occupied by Conner.
Bal said he apologized and went to use a urinal while on the phone with a friend, RCMP Insp. Sebastian Amenta.
Amenta testified Thursday he heard someone in the bathroom speaking toward Bal in an "unfriendly tone."
WATCH: Video showing part of altercation between off-duty Windsor cop and Ottawa man outside bathroom
Shortly after that, Bal ended the call and turned around after finishing at the urinal.
After some discussion about why the stall door wasn't locked, the 51-year-old Windsor police officer testified Conner repeatedly told him to go look at the broken lock.
Bal declined and said that as Conner got "increasingly more tense," he told 45-year-old Conner to leave the washroom.
Then, Bal said, Conner stepped closer to him, leaving only about a foot of space between the two.
"He felt threatened," said Bal's lawyer, Mark Ertel, adding it's a very tight space, Conner is larger than him and appeared to be getting increasingly agitated.
"He reasonably believed he was going to be assaulted and he reacted to that," Ertel added.
Crown says there was never a threat
Conner denied ever engaging in a conversation with Bal after exiting the stall.
"The strongest evidence from Mr. Bal is that Mr. Conner was standing close to him," said Crown attorney Hart Shouldice.
"This is not a threat," he added.
Shouldice said Bal, who has extensive police training in de-escalation and use of force, could have done more to verbally calm the situation.
The Crown called Bal's perception of that moment a "non-existent threat."
That's when Bal testified to pushing Conner away from him with two hands, the first instance of physical contact between the men.
Conner grabbed onto Bal's sweater, and he testified he couldn't bring his grab, so he punched him twice in the head as hard as he could.
Bal testified this was done to create distance and to try to get out of a dangerous situation.
However, Bal said, it didn't stop there. He claimed Conner pulled his sweater over his head, lifted him off his feet and pushed him into a wall.
Judge to hand down decision Feb. 20
During the brief altercation, estimated to have lasted a few minutes, Bal said he ended up on the ground with Conner's hand around his neck. The court saw images showing injuries to Bal's neck and back.
The fight spilled out into the hallway, captured by surveillance video played for the court, before ending.
Conner sustained a fractured sinus wall and concussion in the altercation.
Shouldice said whether the judge believes Conner or Bal, it still amounts to assault.
But the defence says this case rests on whether there was a "reasonably perceived threat" by Bal and he insists that was the case.
Justice Juliana Martel is expected to release a decision on Feb. 20.
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