Officer’s trial hears of mental health issues

The judgment of a Calgary policeman who threatened to punch the new boyfriend of his former wife was clouded by mental health issues, his lawyer said Friday.

Defence counsel Don MacLeod said Sgt. Jeffrey John Duggan was suffering from a major depressive disorder and post-traumatic stress disorder when he breached probation and contacted the woman.

Duggan, 50, pleaded guilty to uttering threats and breaching probation in connection with incidents involving his former spouse last October.

But MacLeod said despite the transgressions, his client should be spared, for a second time, the stigma of having a criminal record.

MacLeod told provincial court Judge James Hunter a conditional discharge is warranted, which would mean Duggan would not have a criminal record once he completes 24 months’ probation.

But Crown prosecutor Monica Sabo said Duggan should not be given the same break he was handed in May 2016 when he was placed on 12 months’ probation under a conditional discharge for assaulting Serena Stoicescu.

On May 24, 2016, Duggan entered into a probation order with a condition he have no contact with Stoicescu for 12 months, other than for the purpose of accessing his kids.

Reading from a statement of agreed facts, Sabo said Duggan breached that condition when he sent the woman three emails between Oct. 22 and 25, discussing issues other than their children.

During that period, Duggan also went to Stoicescu’s southeast Calgary home to drop off their son after the boy got into an altercation at school, she told Hunter.

When he arrived, Duggan asked if he could come in to discuss the children, but she said no.

“Duggan then told the complainant not to bring her boyfriend, Mr. Jeffrey Hancock, to their son’s hockey game,” Sabo said.

“The complainant attempted to close the door to her residence, but Duggan prevented her from doing so by placing his leg in the doorway,” the prosecutor said.

“With his leg in the doorway, Duggan then threatened that if the complainant brought Mr. Hancock to another hockey game he would ‘f---ing punch him out,’ ‘punch his f---ing teeth out’ and ‘ kick his ass.’ ”

Sabo said Stoicescu was fearful since Duggan was in an agitated state while on duty in his police uniform and armed with his service pistol and Taser.

She said a suspended sentence with 24 months’ probation, which would give Duggan a criminal record, would be a suitable punishment.

But MacLeod argued the circumstances behind Duggan’s conduct warranted leniency.

He argued although his client was in uniform “he was there as a parent.

“He went home with the child at the request of the complainant,” he said.

“Yes, he was in uniform, but there was certainly a very compelling parental participation here.”

MacLeod noted Duggan was diagnosed with major depression and PTSD, the latter as a result of two military tours of duty before he became a police officer.

“This accused’s judgment, as confirmed by Dr. (Magued) Yacoub, was compromised by mental health issues,” the lawyer said.

“His judgment was impaired by PTSD and major depressive disorder.”

MacLeod also noted Duggan has been shamed by the publicity surrounding his charges.

“We have an accused who has been publicly embarrassed, mortified by the publicity surrounding this,” he said.

His client also faces Calgary Police Service discipline, which could see him demoted, or even fired.

Hunter will hand down a decision Nov. 20.