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HomeNewsLindsay police officer sentenced to house arrest after pleading guilty to Breach...

Lindsay police officer sentenced to house arrest after pleading guilty to Breach of Trust

KAWARTHA LAKES-Kawartha Lakes Police Services Detective Constable Jeff Burke was sentenced to a 12 month Conditional Sentence Order consisting of six months house arrest and a six month curfew followed by six months probation, in a Lindsay courtroom today.

“I am at peace with it.” Burke told Kawartha 411 after the sentencing. “The Judge made some great points and you know I would have preferred a lesser sentence, but I am at peace with what transpired. Certainly the opportunity hasn’t been taken from me to keep doing good for the community in the future.”

Burke plead guilty to one count of Breach of Trust in May after admitting to stealing drugs from an evidence locker at the police station and was suspended from work.

The 13 year police veteran was charged in April 2018 with two counts of theft under $5,000, two counts of possession of stolen property under $5,000, two counts of fraud under $5,000 and three counts of breach of trust. Additional charges were laid after it was discovered Burke had siphoned 1500 prescription pills from an investigation into drug tampering at Shoppers Drug Mart.

“Officer Burke treated this investigation as his own personal pharmacy to treat his addiction  and repeatedly broke the trust of the public.” Javed stated in his sentencing today.

Burke suffered from PTSD and drug addiction at the time of the incident. The preciding Judge, Justice Javed found that both were as a result of two traumatic events in Burke’s career.

In April 2011, Constable Burke was attempting to execute a search warrant in Lindsay when he was hit in the face by a man wielding a machete. He suffered serious injuries and was taken to Ross Memorial Hospital. Burke told Kawartha 411 after they stitched him up and he went right back to work.

A few months after being attacked with a machete Burke was involved in another serious incident. In June 2011 a drug raid on an alleged crack house in Lindsay went bad. There was an exchange of gunfire and Peterborough Police Constable Keith Calderwood was shot and seriously injured. Another man was killed. The Peterborough Police Emergency Response Unit had been called to assist with the execution of a high risk search warrant at a home on Georgian Street in Lindsay. Burke was the investigating officer in that case and wrote the warrant for the raid. He has said he felt tremendous guilt because of what happened to his colleague, compounding his already fragile mental state.

Later Burke was prescribed opiates after dental surgery. He describes the drugs making his mental and physical pain go away but leading to his drug addiction.

Read the full story here: https://www.kawartha411.ca/2019/05/27/police-officer-charged-in-theft-of-drugs-from-evidence-locker-says-not-enough-done-to-treat-his-ptsd/?fbclid=IwAR0XaD_7WJAK5EUVCf0fILIA-qPEpV8noavSSYIGmBlWpKRNiAVO7oH6RqQ

In handing down a sentence the court must look at both the aggravating factors and the mitigating factors. The Judge said one of the most significant aggravating factors was the removal of drugs from the evidence locker and the eight drug cases that had to be dropped as a result.
 “Officer Burke’s conduct strikes at the heart of the justice system. This factor tarnished the reputation of the justice system and brought disrepute on his police colleagues who worked on those cases.” Javed explained.
Javed also considered the charge of Breach of Trust as an aggravating factor.
“The circumstances of abusing the trust bestowed upon him as a police officer are particularly aggravating.”
The Mitigating factors outlined by they Judge include the fact that Burke plead guilty and apologized for his behaviour. Justice Javed also said he was very impressed with Burke taking the initiative to get help on his own and paying for much of it personally after his WSIB claims were not filed by the police service or were denied by WSIB. Burke has completed two inpatient treatment programs.
The judge also talked about the “volumes” of character and reference letters he had been provided.
In summation Justice Javed said he thought some in the community might think Burke was getting a break because he is a police officer.
“In my view the answer is Officer Burke is not getting a break because a Conditional Sentence Order in this case is a proportionate response to the seriousness of Officer Burke’s crime. In light of Officer Burke’s exceptional background, placing him behind bars is not necessary” Javed explained. “It may unravel the state of his mental health, remove his support network and return him to his community a truly broken man.”
While under House Arrest Burke must remain in his residence at all times except for four hours on Saturday from 1-5pm to obtain the necessities of life, to go to and from work and medical appointments and for other reasons with prior approval of his supervisor. He is not allowed to posses any unlawful drugs except those prescribed to him and he must attend all treatment programs recommended by his supervisor and provide proof of attendance.
Under the six month curfew Burke must remain home from 11pm to 6am except for medical emergencies and to go to and from treatment.
Burke still faces a Police Act hearing where he could lose his job.

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Pamela Vanmeer
Pamela Vanmeerhttps://www.kawartha411.ca/
Pamela VanMeer is a two time winner of the prestigious Radio Television Digital News Association (RTDNA) Award. Her investigative reports on abuse in Long Term Care Homes garnered international attention for the issue and won the Ron Laidlaw Award. She is a former reporter and anchor at CHEX News, now Global Peterborough and helped launch the New CHEX Daily, a daily half hour talk show. While at CHCH News in Hamilton she covered some of the biggest news stories of the day.

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