Defense and prosecution seek sentencing in Toronto police misconduct case

A high-ranking Toronto police officer found guilty of two counts of police misconduct should face a sentence that has a “real sting” and deters other officers from similarly meddling in cases involving their family members, a police prosecutor said.

In August, Insp. Joyce Scherzer was found guilty of one count of discreditable conduct and another count of dereliction of duty after visiting the scene of an accident in the West End, which her nephew was allowed to leave in 2022, bypassing police procedures for the benefit of his family.

She was found not guilty on the second count of dereliction of duty related to the collection of evidence at the scene of the incident.

During a sentencing hearing Monday, police prosecutor Scott Hutchison asked that Scherzer be demoted one rank from inspector to staff sergeant, with an automatic return to inspector after a year.

To deter other officers from engaging in similar behavior, what is needed is a punishment that “will have a real sting and will in some way communicate to other officers that this type of behavior is not acceptable,” Hutchinson said.

He said Scherzer has expressed no remorse for the incident.

But defense attorney Joan Mulcahy asked that the punishment range between Scherzer receiving a reprimand or forfeiting five days’ pay.

Mulcahy said the incident was a mistake in Scherzer’s 35 years of service.

The defense argued that the incident cost Scherzer a promotion to superintendent, costing her $40,000 a year in salary increases starting in 2022.

Scherzer’s demotion to staff sergeant for a year will cost her another $21,000 and affect her pension, the defense said.

Scherzer apologizes for his behavior

Scherzer was the last to speak at Monday’s hearing, saying she deeply regretted the incident.

“I regret it and I have remorse,” she said in a trembling voice. “There hasn’t been a day in the last two and a half years that I haven’t wished I had a rewind button.

Hearings officer Lisa Taylor said she aims to finalize her sentencing decision “as soon as I can,” with no specific date set.

During Monday’s hearing, the defense read several letters of support for Scherzer from people at various ranks within the Toronto Police Service.

The letters “speak to a truly remarkable officer who made a mistake on May 1, 2022, but who did so much for the citizens of Toronto Police,” Mulcahy said.

But Hutchinson said the defense’s submissions were “miles below the mark”.

“There’s no doubt that the seriousness of this (incident) and the way it was reported to the public has damaged the reputation of the Toronto police,” Hutchinson said.

He said he expected community members to be shocked if Scherzer was stripped of just a few days’ pay for her behavior.

The inspector went to the scene of the accident, the court heard

The charges stem from an incident that occurred shortly before noon on May 1, 2022, outside The Boulevard Club at 1491 Lake Shore Boulevard W., on the west side of the city.

Scherzer was working in the 11th Precinct that day when her daughter, who is a Toronto police constable, called her to say that Scherzer’s nephew had been involved in a car accident, court heard earlier.

Video footage played during the preliminary hearing showed Scherzer’s nephew, identified as “Calvin,” driving a white pickup truck and crashing into a utility pole.

After being notified of the accident, Scherzer arranged for an officer from her unit to be dispatched to the 14th Precinct where the incident occurred. Generally, the court heard earlier, officers respond to calls in their respective units, although a map shown by the defense during the trial shows the 11th and 14th precincts sit next to each other, with a barrier between them near the accident site. .

Scherzer previously testified that she did not know the club was outside that limit. She was also at the scene.

The tribunal previously heard that Calvin was allowed to leave the area about 10 minutes after speaking to Const. Braden Dougherty, an officer from the 11th Precinct, which is Scherzer’s unit.

The body camera footage captured part of Dougherty’s investigation, including when he believed there was no “crime” and let Calvin go. Dougherty previously testified that he asked Scherzer for permission to turn off his body camera while they were talking at the scene.

In the August ruling, Taylor said she “can’t understand” why Scherzer allowed the camera to be turned off in that situation.

“I believe that Inspector Scherzer’s actions and inactions are evidence that she allowed a family relationship to influence her official conduct, duties or judgment contrary to policy,” Taylor wrote.

She added: “I believe that a reasonable citizen would be shocked to learn of the minimal investigative efforts made while Inspector Scherzer was present.”