A provincial court judge in Prince George suggested a history of concussions contributed to a a former BC Lions player beating a highway patrol officer almost two years ago.
Robert Charles Waite, 67, was originally charged with aggravated assault and two counts of assaulting a peace officer. Waite pleaded guilty to the lesser charge of assaulting a peace officer causing bodily harm and was sentenced Wednesday, Jan. 22 to two years less a day to be served in the community.
The former defensive lineman also played for the Calgary Stampeders and Saskatchewan Roughriders during his 1982 and 1984 Canadian Football League career.
Judge Martin Nadon said Waite may be suffering a condition called chronic traumatic encephalopathy, or CTE.
“I say may, because it cannot be definitively diagnosed prior to dissecting the brain after death, but it is a condition known to arise in athletes in contact sports as a result of repeated mild brain trauma,” Nadon said. “CTE may result in trouble with thinking and emotions as well as other problems.”
Waite was arrested after assaulting a BC Highway Patrol officer at a traffic stop on March 25, 2023 near the intersection of Highway 97 North and 10th Avenue.
“Waite punched the officer three times in the face and made gratuitous comments to the officer demonstrating his animosity towards police,” Nadon said.
The assault only stopped when witnesses intervened. Court heard that the victim, Const. Aaron Semeniuk, was off- work for seven months, but still has issues with his back.
Evidence included the police cruiser dash camera and video shot by a witness. Nadon said that prior to the officer pulling Waite over, it appeared the police cruiser came close to colliding with Waite’s vehicle.
“This was pointed out, not as an excuse, but as a potential reason for Mr. Waite being agitated,” the judge said. “However, defence also conceded that Mr. Waite’s response was a complete overreaction.”
Nadon said that Waite was under stress due to his wife suffering cancer at the time. She passed away last March.
The maximum sentence is 10 years in jail, but the Crown sought a prison sentence of two to three years. Defence proposed a one-year conditional sentence, followed by probation.
Nadon said Waite had no prior criminal record, complied with bail conditions after his arrest and is in poor physical health and with mobility challenges. He opted to sentence him to 15 months of house arrest followed bya 9 p.m. to 6 a.m. curfew for the remainder of the sentence.
During the house arrest, Waite may leave for three hours on Wednesdays and Saturdays for personal business, such as grocery shopping. At other times, he may only leave for emergency medical care and with prior written permission for employment.
Waite must obey the law, have no contact with Semeniuk, and not posses weapons, alcohol or drugs, except for prescription medication.
