Police Chief Jim Chu will have a say in how one of his dog handlers should be penalized after an adjudicator presiding over a public hearing ruled Wednesday that Const. Christopher Charters was guilty of misconduct and made a false or misleading statement in a case involving the pursuit of a stolen vehicle.
While Chu’s recommendations will not be binding on the type of penalty given to Charters — which could include him losing his job — adjudicator William Smart agreed to hear the chief’s reasons via a letter to the court before the end of August.
Smart, who presided over the hearing in May at the Robson Street courthouse and delivered his decision Wednesday, allowed Chu’s participation after the chief’s lawyer Steven Boorne outlined concerns Chu will have if Smart allows Charters to keep his job.
Boorne noted one of the core duties of an officer is to testify in court.
“A police officer who has committed deceit has, obviously, serious credibility issues,” Boorne said. “And those credibility issues may seriously impact on the success of any prosecution in which he’s involved, and that can last for years to come.”
Added Boorne: “Effectively, that makes him a liability to the department and brings into question the department’s ability to successfully deal with offenders.”
Smart ruled that Charters intentionally struck a stolen Jeep Cherokee and broadcast a false or misleading statement about what occurred during the early morning of Dec. 26, 2011.
The driver of the Cherokee, David Davidson, was charged with several offences after abandoning the vehicle. Davidson, who had smoked crack cocaine and drank alcohol before he stole the Cherokee, testified that Charters rammed the Cherokee.
Charters denied in cross-examination that he rammed the Cherokee or that he broadcast “he is trying to ram me.” Charters said all that occurred was the suspect pumped the brakes of the Cherokee several times when Charters was about a block-and-a-half behind him.
“This makes little sense when considered alongside Const. Charters’ evidence that he was a block-and-a-half behind the Cherokee at the time,” Smart said. “Further, why would Mr. Davidson pump his brakes? After all that occurred up to that point, does it make sense Mr. Davidson would think that by pumping his brakes a block-and-a-half ahead of the Tahoe, Const. Charters would back off? Or does it make more sense, as Mr. Davidson testified, that he was trying to get away and braking would not assist him to do so.”
Charters became involved in the incident after police observed the Cherokee at 2:12 a.m. travelling at a high rate of speed near Commercial Drive and East Eighth Avenue. The Cherokee’s speed and direction of travel was broadcast over the police radio. Two minutes after the broadcast, acting-sergeant Leslie Weeks said there would be no pursuit of the vehicle.
Five minutes later, Charters broadcast over the radio that his Chevrolet Tahoe SUV had been rammed by the Cherokee at Rupert Street and Kingsway. Charters had earlier attempted to pin the Cherokee against a curb at School Street and Rupert.
“[Const.] Charters may have been provoked and angered by what occurred at School and Rupert but, whatever the reason, I find he intentionally struck the rear bumper of the Cherokee, once or twice, with the push bar attached to the front of the Tahoe, in an unsuccessful effort to stop the Cherokee and apprehend the driver,” Smart said in his ruling. “I find he then broadcast a false or misleading statement about what had occurred.”
Charters requested the hearing after an internal disciplinary proceeding conducted by the Vancouver Police Department recommended he be fired from the force. The recommendation related to a finding of one count of deceit under the Police Act which alleged Charters made false or misleading written statements not consistent with previous oral statements or physical evidence related to the pursuit and collision.
Tom Stamatakis, president of The Vancouver Police Union, was present in the courtroom during Smart’s ruling and sat next to Charters. Stamatakis declined comment until after Smart decides on a penalty for Charters, which could come Sept. 19.
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