Model citizen and Durham Police Officer was charged with Sexual Assault, Breach Of Trust and Making And Possessing Child Pornography. To top it off he`s back at work collecting taxpayers money what a disgrace.
Durham's police chief is courting
controversy with his decision to call back to duty a suspended officer
who faces charges including making child pornography.
The move to reinstate Constable Scott Andrew Terry comes as other
cops, including some whose criminal charges have been dealt with by the
courts, remain suspended while they await disciplinary hearings.
But Chief Mike Ewles is standing by his decision, saying he's fed up
with officers collecting taxpayer-funded wages as they wait for their
charges to be dealt with.
"It galls me," the chief said in an interview. "We're all regional employees."
Durham police won't officially confirm Const. Terry's recall to
duty, but spokesman Dave Selby said in a statement a suspended cop is
involved in a "back-to-work program".
"He is working in a non-policing role, supporting the basement
renovation project in our downtown Oshawa station. He has no contact
with the public and is being supervised by a staff sergeant when at the
station," Mr. Selby said.
Other sources, including the lawyer representing Const. Terry at an
upcoming disciplinary tribunal, confirmed he's been called back.
Const. Terry, 48, was suspended in January 2012 after the Special
Investigations Unit recommended he be charged with a number of offences
including sexual assault, breach of trust and making and possessing
child pornography. The SIU, which investigates allegations of death,
serious injury or sexual assault involving police officers, laid the
charges after investigating a complaint forwarded by Durham police.
Const. Terry's trial is scheduled to be held in Superior Court in December.
His suspension is indicative of an intention by the service to seek
his dismissal, Chief Ewles confirmed. The same holds true for other cops
suspended with pay upon being charged criminally, he said.
"They know by suspending them I am seeking their termination," the
chief said. "If they're found guilty by the criminal courts and serve
time, that termination is pretty much automatic."
It is at the discretion of the chief whether an officer who's been
charged is suspended; in some instances, cops facing charges are not.
Chief Ewles said he weighs the gravity of the charges and the
possibility a finding of guilt may make an officer unfit to serve in the
future.
Suspension of cops facing charges isn't remarkable, but Const.
Terry's reinstatement appears to be. Other officers who've run afoul of
the law remain off the job. Among them:
- Const. Tara Kramp, arrested on charges including drug trafficking,
fraud and possession of stolen property, remains suspended as she
awaits a preliminary hearing, scheduled to begin in May.
- Const. Glen Turpin remains off the job, awaiting a hearing on a
Police Services Act charge of discreditable conduct. Const. Turpin was
charged with assaulting prisoners on two separate occasions. He was
acquitted by a jury at one trial and convicted in a judge-alone trial on
another charge. But the Court of Appeal overturned that conviction and
ordered a new trial. Const. Turpin eventually pleaded guilty to
threatening and was granted a discharge.
- Const. Ian Cameron was charged with assault after drawing his gun
during a confrontation with a fellow officer. He pleaded guilty in 2010
and was granted an absolute discharge. Last summer he was recommended
for a citation after intervening in the beating of a man in Oshawa; the
service did not deem the incident worthy of recognition. Const. Cameron
remains suspended with pay as he awaits a Police Services Act hearing.
Lawyer Bill MacKenzie, who is representing both Const. Turpin and
Const. Terry at their tribunal hearings, said the decision to reinstate
one cop while keeping another off the job could be seen as "arbitrary.
"The chief hasn't said why he's doing it," Mr. MacKenzie said.
He noted Const. Terry was called back to duty shortly after he was
charged with insubordination for refusing to supply police brass with
information on income he receives through his landscaping business. A
hearing on that charge is scheduled for May.
"The chief says he's insubordinate for not providing his secondary
income to the service while he's suspended," Mr. MacKenzie said.
Const. Terry has been ordered to work days, which probably precludes
him from pursuing his secondary source of income, Mr. MacKenzie said.
One officer, who spoke on the condition of anonymity, said Const. Terry's return to work appears to be a punitive measure.
"They're making him work a job that's a civilian job," the source said. "It's a punishment. It's not a police officer's job."
But Chief Ewles said he's exercising his prerogative to ensure
taxpayers obtain "value" for the salaries they're paying cops. He said
he also has to consider factors such as workplace safety and the
integrity of the service in determining whether to order an officer back
to work.
"I have to make the determination -- is it in the best interest of
my service to return that person?" he said. "If the person presents a
risk to the workplace I have an obligation to consider that."
The chief added that being charged doesn't automatically mean
suspension and dismissal for an officer. Each case is judged on its
unique circumstances, he said.
"We have officers who have put themselves in a position where
they've been charged. They express remorse and they resume their career
and they move on," said Chief Ewles. "We're all human and we all make
mistakes.
"But if the act is that egregious that we need to deal with it, we'll deal with it."
http://www.durhamregion.com/news/crime/article/1611474--durham-cop-facing-porn-charge-back-on-job-others-remain-suspended
