Pc walks free despite jail term for assault caught on camera

A policeman who was filmed kicking and punching a man he was trying to arrest today received a two month prison sentence but walked free from court after he was bailed pending an appeal.

Keith Empsall, 42, who is in his 24th year of service with West Yorkshire Police, assaulted Christopher Wilson, 27, after he and another officer were called to a disturbance in Wakefield, West Yorkshire, in June last year.

Empsall was convicted of common assault last month following a three day trial and appeared today for sentence at Leeds Magistrates Court.

District judge Christopher Darnton told Empsall: "I accept that day in, day out police officers have difficult and dangerous tasks to perform and the protection of the public and their own safety have to be paramount."

He added: "It is often a thin dividing line between what is and what is not unlawful.

"In this case you have unlawfully transcended that line."

Mr Darnton said he had "wrestled" with the appropriate sentence for what he described as the "tragic events of that night."

He continued: "This was an assault committed by you in a position of trust and I believe the public deserves more from a serving police officer."

As soon as Mr Darnton passed sentence, Paul Greaney, defending Empsall, lodged an immediate appeal with the bench as a court security guard approached Empsall with a pair of handcuffs.

The district judge agreed to an application by Mr Greaney for his client to be granted immediate bail, pending the appeal against conviction and sentence.

As the sentence was passed some members of Empsall's family burst into tears and his daughter sobbed as Mr Greaney made his application.

When Empsall left the magistrates court he refused to comment to waiting reporters.

His solicitor, Damian Kelly, issued a brief statement: "PC Keith Empsall has asked me to pass on his thanks to all those who provided support to him. He does not wish to comment further at this stage as consideration is being given to an appeal."

In mitigation Mr Greaney told the district judge that Empsall had an unblemished 24-year police career and an exemplary character.

He said his client did not deserve to go to prison and instead suggested a community punishment.

Mr Greaney told Mr Darnton: "It is plain from all the material that he is regarded in his local community, the broader community and within the police force as being a good and decent man, a reasonable and measured man and a good police officer."

Mr Greaney read a number of letters providing character witnesses for Empsall including some which had been sent directly to the court following last month's trial.

One letter, from a police colleague, told how Empsall would routinely give presents to homeless people in Wakefield.

Another, from a retired head teacher, talked about how Empsall had provided invaluable support to families in his local community during the 1984 miners strike.

Mr Greaney read another letter, from a woman living near the officer, which described him as "a professional, courageous and caring police officer both on and off duty."

Mr Greaney told the judge the offence committed by Empsall was at the lowest end of the common assault scale but admitted he was aggravated by him being a police officer.

He said there were no other aggravated features and the incident was not premeditated.

Mr Greaney said the Probation Service report on Empsall said the incident happened as he was dealing with an "obstreperous and obstructive" person.

Following the sentence, West Yorkshire police issued a statement.

It said: "It is always a matter of regret for West Yorkshire police when one of its officers is held to have fallen below the very high standards expected of them.

"Officers know they will be held personally responsible for their actions and they must be prepared to face the consequences if their actions are deemed to be of a criminal nature."