Suspended prison term for Wiltshire Police officer who assaulted schoolboy
A Wiltshire Police officer has been handed a suspended prison sentence for assaulting a child in a police station car park, following an investigation by the Independent Office for Police Conduct (IOPC).
PC Daniel Rusling repeatedly swore at the 13-year-old, aggressively pushing and dragging him by his jumper towards the car park exit, during an altercation at Monkton Park Police station, Chippenham, in the early hours of 14 October last year.
PC Rusling admitted one count of assault by beating at an earlier court appearance and today (30 June) was sentenced at Bristol Magistrates’ Court. He was given an eight-week prison sentence, suspended for 12 months, and ordered to carry out 150 hours of unpaid work.
The boy was among a group of six children who were at the police station having dialled 999 to ask for police help after they reported being threatened by occupants of a vehicle.
PC Rusling swore at the boy when he asked for a lift home and shoved him with both hands a total of six times, pulling him by his clothing towards the exit, in response to him standing in front of his police car.
It was alleged the level of force used against the teenager, who was uninjured, was unlawful and the 30-year-old was charged with one count of assault by beating, contrary to Section 39 Criminal Justice Act.
We decided to independently investigate the matter following a mandatory conduct referral to us by Wiltshire Police on 28 October last year.
IOPC Director of Engagement Derrick Campbell, said: “The children had been compliant up until the point that the victim, egged on by the other boys, stood in front of the police car to stop it being driven.
“PC Rusling was initially justified in pushing him away from the vehicle, but what happened afterwards was unacceptable and a wholly disproportionate response. His language, body language and attitude were aggressive.
“He repeatedly swore at the boy and at one stage appeared to be encouraging him to fight by saying ‘come on then, you wanna go’.
“The boy had said he was missing from home and showed he was wearing school uniform. He asked to be taken home and from there PC Rusling escalated the situation by placing his hands on him and there was no attempt by the officer to deescalate the situation.
“The judge described it as persistent; it went on and on. It was not just a momentary loss of temper. These children had asked for help but one ended up being assaulted, repeatedly sworn at, and told to get out of the way.
“The way he responded was totally inappropriate when dealing with a boy of that age and his actions will have damaged trust and confidence in policing.”
On completion of our investigation, a file of evidence was passed to the Crown Prosecution Service (CPS) on 4 April and on 8 April it authorised one charge of assault by beating.
Our investigation concluded that PC Rusling also had a case to answer for gross misconduct. Now that criminal matters have concluded, it will be for Wiltshire Police to hold a misconduct hearing at the earliest opportunity.