???????? Niort. Police officer convicted after use of tear gas at close range

A Niort police officer sentenced to six months in prison for excessive use of tear gas

On Wednesday December 4, 2024, a peace guard from the Niort central police station was sentenced to six months in prison. In the summer of 2022, he seriously injured a man by spraying him with tear gas at point blank range, during an intervention in the city center.

A discreet but public audience

This case was one of 28 examined during the appearance hearing on prior admission of guilt (CRPC) at the Niort courthouse. To avoid any contact between the police officer and other defendants he had arrested in the past, the debates were held in a separate room, but remained accessible to the public, as specified by Julien Wattebled, public prosecutor at Niort.

Back to the facts

On the night of August 27 to 28, 2022, a police patrol intervened to disperse a noisy group who were continuing a drunken evening in a real estate agency in downtown Niort. Around 4 a.m., the situation escalated when verbal exchanges intensified between police officers and partygoers.

During the arrest of an individual for contempt, another member of the group, who would become the main victim, allegedly attempted to speak with the officers. It was at this moment that the incriminated peace guard used his tear gas spray at point blank range, causing serious injuries to one eye.

Serious injuries and overwhelming testimony

The victim, a man in his thirties, suffered serious burns to his eyes. An amniotic membrane transplant was necessary to preserve his left eye, with 30 days of total incapacity for work (ITT).

Despite the absence of physical threat, as evidenced by a video filmed by a woman also affected by the gas, the victim was left without treatment on site. These elements were corroborated by several testimonies collected by the General Inspectorate of the National Police (IGPN).

A suspended sanction

Found guilty of “violence with a weapon by a person holding public authority resulting in an ITT of more than eight days”, the 54-year-old police officer saw his six-month suspended prison sentence validated by the president of the court, Barbara Seiller.

During his hearing by the IGPN, the peacekeeper admitted a “lack of lucidity” and recognized that his action was “neither necessary nor proportionate”. He nevertheless spoke of a situation that he considered tense and a “verbally aggressive” victim.

A partially preserved criminal record

Given the lack of prior record, the excellent professional record of the accused and the particular context of the intervention, an exemption from the registration of this conviction in bulletin no. 2 of the criminal record was issued.