A former award-winning Hamilton police officer found guilty of two counts of sexual assault against another officer he knew since she was a child, won’t be going to “real jail.”
Out of “compassion” for Const. Michael LaCombe, Justice Cameron Watson surprised everyone at his sentencing hearing Monday by giving the disgraced and sobbing officer “the bottom line” on what to expect when he hands down his sentence next month: “I’m going to give you a conditional sentence. I’m not going to put you in real jail.”
That means the judge will not impose the two-years-less-a-day jail sentence preferred by the Crown, and will instead lean toward the defence suggestion of six to nine months of house arrest followed by probation.
Watson said his unusual decision to share his plans ahead of formal sentencing was done to relieve some of LaCombe’s “immense emotional strain.”
LaCombe used tissues to wipe his tears during the proceeding and, when given a chance to address the court, he wept so intensely he had to pause.
“I have no doubt that this has destroyed his life,” Watson told the courtroom. “At least I can give him some level of closure. I’m sure the worry of whether you were going to go to real jail, as a former police officer, would be wearing on you.”
LaCombe retired from the Hamilton Police Service effective April 15 after 21 years on the job.
He had been suspended with pay since his arrest in October 2021. Controversial legislation at the time required all suspended officers to be paid. That changed as of April 1, now giving police chiefs discretion on that issue.
LaCombe’s retirement came four days before he was scheduled to make his first appearance on disciplinary charges under the Police Services Act — which are now null and void because he is no longer an officer.
And it came 15 years after the sexual assaults took place.
The high-profile trial pitted one sworn police officer against another, causing the Hamilton Police Association to have representatives in court supporting both the accused and the victim.
LaCombe, a former school liaison officer who was twice named Officer of the Month and received the Chief’s Pride Award for Community Service, first met the victim when she was a 13-year-old Air Cadet and he was her 31-year-old instructor.
When she became an adult, LaCombe and his wife socialized with her. When she wanted to become a police officer, he said he would help.
The woman’s identity is protected by a publication ban.
The trial boiled down to consent.
But each side cast the nature of the sexual assaults in a very different light at the sentencing hearing.
Assistant Crown attorney Ian Bulmer suggested the assaults were “predatory.” LaCombe was a mentor, in a position to help the woman get a job as a police officer. He made elaborate plans to get the woman alone.
Dean Paquette, counsel for LaCombe, said this wasn’t predatory behaviour — it was just “archaic.” A botched attempt at an affair.
“He was trying to seduce her and, in failing to do so, committed a crime.”
The first sexual assault was in December 2009, when he invited her on a ride-along in his police cruiser. Though he was on duty and in uniform, he made a lame excuse to go to her home.
LaCombe testified she wouldn’t put on a sexy police costume he brought with him, but put a different outfit on instead. Then they kissed. She stopped because she didn’t want to betray his wife.
She testified that she refused to change into a sexy outfit. And she froze when he hoisted her onto a counter, kissed her and told her he wanted to have sex with her. Eventually she said no.
The second sexual assault, a few weeks later, was at a hotel.
He testified he bought a silver dress from Value Village, picked the woman up and took her to a hotel room he’d already paid for in cash. She changed into the dress and he, in his boxers, kissed her and touched her buttocks. Then she rebuffed him.
The woman testified LaCombe didn’t tell her where they were going. At the hotel he gave her the “slutty” police uniform, but she refused to wear it. She said he stripped to his boxers, kissed her, took her top off and touched her breasts. He asked for oral sex. She said she told him she didn’t want to cheat on his wife.
The woman reported the sexual assaults in May 2021 to the province’s Special Investigations Unit, which probes allegations of death, serious injury and sexual assault involving police officers.
During the trial, LaCombe admitted to lying to the SIU 17 times while under oath, which is a criminal offence.
When LaCombe, holding a single sheet of paper, rose to address the court Monday, his victim was not in the room.
His wife, however, was.
Putting on his reading glasses and weeping, LaCombe began: “I would like to sincerely apologize to the victim in this case. I placed her in an unfair situation. I should have known better.”
The apologies kept coming.
To the SIU and Hamilton police: “I should not have lied.”
“I am ashamed of the negative light I have brought to the Hamilton Police Service as a result of the media coverage of the case.” He said his actions should not reflect poorly on other offices.
To his friends, co-workers, family, “and especially my wife Lisa”: “The shame I feel for my actions will never subside.”
“I have always tried to live my life in the service of others.”
LaCombe, 54, has been removed from the military, court heard.
“My personal reputation has been reduced to shreds in the bright glow of the media spotlight.”
Money saved for retirement has been spent on legal fees, he said. And he is being treated for mental-health issues.
“I hope to be given the opportunity to move forward with my life in a positive manner.”
More than 60 supporters wrote letters favourable to LaCombe. Twenty of those were Hamilton police officers.
LaCombe grew up with three older brothers in the Crown Point neighbourhood of Hamilton. His father, an alcoholic, died of a heart attack when LaCombe was 18. His mother, who had agoraphobia and never left the house, died of cancer a year later.
Paquette asked the judge to consider keeping his client’s name off the National Sex Offender Registry.
Meanwhile, another Hamilton police officer is facing a sexual assault charge, also related to a female Hamilton police officer.
Last June, Const. Jeffrey Turnbull was charged by the SIU in regard to an incident that allegedly occurred between February and April 2022. Turnbull had been with the service 14 years and is suspended with pay.
His trial date has not yet been set.
