Defense and prosecution present sentences in Toronto police misconduct case

A high-ranking Toronto cop found guilty of two police conduct charges should face a “literally painful” sentence and deter other officers from similarly intervening in cases involving family members, a police prosecutor said.

In August Insp. Joyce Schertzer was found guilty of one count of discreditable conduct and another count of dereliction of duty after circumventing police procedures for the benefit of her family at the scene of a west side crash where her nephew was allowed to leave in 2022.

He was found not guilty of a second count of dereliction of duty in the collection of evidence at the scene.

At the sentencing hearing Monday, police prosecutor Scott Hutchison asked that Schertzer be demoted one rank from inspector to staff sergeant and automatically return to inspector after one year.

Deterring other officers from similar behavior requires a punishment that “will cause some real pain and take some action to let other officers know that this behavior is unacceptable,” Hutchinson said.

He said Schertzer had no regrets about the incident.

But defense attorney Joanne Mulcahy asked that the sentence be within the range of Schertzer receiving a reprimand or losing five days’ pay.

WATCH | Body camera footage shows the moments after the crash:

Veteran Toronto police officer facing misconduct charges testifies in court

Investigator Joyce Schertzer faces three counts of misconduct for allegedly interfering with the investigation into a single-vehicle collision involving her nephew. CBC’s Britnei Bilhete has more from the police disciplinary hearing.

Mulcahy said the incident was a mistake in Schertzer’s 35 years of “exemplary” service.

The defense argued that Schertzer lost the opportunity to be promoted to inspector because of the incident, which cost him $40,000 a year in increased salary since 2022.

The defense said Schertzer’s one-year demotion to staff sergeant would cost him an additional $21,000 and affect his pension.

Schertzer apologized for his behavior

Schertzer last spoke at the hearing on Monday, expressing his regret for the incident.

“I truly regret this and I regret it,” he said, his voice shaking. “There hasn’t been a day in the last two and a half years that I didn’t want to have a rewind button.

Hearing officer Lisa Taylor said she aimed to complete the sentencing decision “as quickly as possible”, without setting a specific date.

During Monday’s hearing, the defense read various letters of support written to Schertzer by people at different levels in the Toronto Police Service.

Mulcahy said the letters “address a truly impressive police officer who made a mistake on May 1, 2022, but did so much for the citizens of the Toronto Police Service.”

However, Hutchinson said the defense’s penalty submission was “miles off the mark”.

“There is no question that the seriousness of this incident and the manner in which it was made public damaged the reputation of the Toronto Police Service,” Hutchinson said.

He said he expects community members to be shocked if Schertzer loses just a few days’ pay for his behavior.

Inspector went to the accident scene, the court listened

The charges stem from an incident that occurred shortly before noon on May 1, 2022, just outside The Boulevard Club at 1491 Lake Shore Blvd. W. in the city’s west end.

Schertzer was working Division 11 that day when he received a call from his daughter, a Toronto police constable, saying Schertzer’s nephew had been in a car accident, the court previously heard.

Footage played at previous hearings showed Schertzer’s nephew, nicknamed “Calvin,” driving a white pickup truck and crashing into a pole.

WATCH | The disciplinary court found Schertzer guilty:

Veteran Toronto police officer found guilty of misconduct

A high-ranking Toronto police officer has been found guilty of two police conduct charges. Investigator Joyce Schertzer went to the crash scene in 2022 after her nephew crashed the car into a pole and was allowed to leave the scene without being given a breathalyzer test. CBC’s Chris Glover has more on what the arbitrator will say at the hearing.

After he was notified of the accident, Schertzer arranged for an officer from his division to be dispatched to the 14th Division, where the incident occurred. Generally, officers responded to calls from their own units, the court previously heard; but a map shown by the defense during the trial showed that the 11th Division and the 14th Division sat next to each other, with the barrier between them close to where the crash occurred. .

Schertzer had previously stated that he was not aware that the club was outside this limit. He also attended the scene.

The court previously heard Calvin was allowed to leave the area about 10 minutes after speaking to Const. Braden Doherty is an officer with Schertzer’s unit, the 11th Division.

Body camera footage captured some of Doherty’s investigation, including him admitting there was no “crime” and letting Calvin go. Doherty had previously testified that he asked Schertzer for permission to turn off his body camera while the two were talking at the scene.

In his decision in August, Taylor said he “could not understand” why Schertzer allowed the camera to be turned off in this situation.

“I consider Inspector Schertzer’s actions and inactions to be evidence that he allowed family relationships to influence his official conduct, duty, or judgment, contrary to policy,” Taylor wrote.

He added: “I think a reasonable citizen would be shocked to learn of the minimal investigative efforts conducted during Inspector Schertzer’s involvement.”