“There are still a lot of good police officers out there,” he said.

Stern said it was especially difficult when his family and friends didn’t believe his version before the security video was found by his lawyer.

Nevill, a 14-year Barrie Police veteran, was also found guilty of obstructing justice and fabricating evidence.

Nevill’s assertion that Stern “kneed him the groin” was in his police notebook but was clearly not on the video, Justice Chester said.

“Nothing in his notes can be believed,” Justice Chester said, adding Nevill even claimed Stern admitted he had kneed him.

Justice Chester had harsh words for the way Stern was treated after the assault, saying he should have been transported to the hospital immediately. Instead, Nevill waited while Stern’s blood was washed from the pavement.

“The pavement gets attention, but not Mr. Stern,” he said.

The November 2010 incident began as a minor mischief call after mall security complained that Stern’s friend had broken a Christmas ornament.

When Nevill arrived Stern was waiting outside with security guards. Nevill approached Stern, spoke to him for about 25 seconds, then grabbed Stern’s jacket.

“Then all hell broke loose,” Justice Chester said.

Nevill testified that he feared for his safety because Stern kept putting his hands in his pockets, was fidgeting and was intoxicated.

But Justice Chester said Nevill had no grounds to arrest Stern in the first place because he was not “excessively” intoxicated as is required by law to make an arrest.

“Not co-operating is not resistance,” he said, in reference to a claim that Stern would not give up his friend’s name.

Other witnesses said Stern may have been ‘tipsy’ but Justice Chester saw no evidence on the video to suggest he was intoxicated.

“This whole situation should have been and could have been approached in much different manner,” he said.

Justice Chester also pointed out that Nevill’s claim that he knew there was a security video “does not have the ring of truth”.

At first, Nevill testified that he didn’t need the video because the mischief charge was being dropped.

When asked why he wouldn’t use it in his case against Stern, he said the believe the Crown attorney office would retrieve it.

“I’m sure the Crown knows their job. If they want it, they can get it,” Nevill testified.

Sentencing is set for Oct. 17.