Cop docked pay for a fourth time

He did not attempt to drive away and he did not become physically violent or resistant with Const. Parker.” Hearing tribunal officer Supt. Scott McLean

A cop who is no stranger to the Niagara Regional Police Services disciplinary tribunal was docked 120 hours pay Tuesday for an incident he was involved in while off duty in 2013.

Const. Nathan Parker pleaded guilty Feb. 27 under the Police Services Act to discreditable conduct and to two counts of using unnecessary force against a prisoner or other member of the public, related to an incident Nov. 18, 2013.

Prior to handing out a penalty, hearing tribunal officer Supt. Scott McLean reiterated the agreed statement of facts. He said Parker, who was off-duty and driving in his vehicle with Const. Diane Thompson, cut in front of and stopped his car in front of another motorist at Lake and Scott sts. who he believed was driving aggressively.

“Const. Parker was concerned with the aggressive driving of the other driver and intended on arresting the other driver for dangerous driving,” McLean said.

As Parker advanced on the car in question, he identified himself as a police officer verbally and by displaying his badge and advised the driver he was under arrest for dangerous driving.

Witnesses said Parker was yelling profanities at the driver.

“Although Const. Parker does not believe he was using profanities, he does acknowledge that he was uncivil,” McLean said.

In a statement to police, the driver said he chose to stay in his vehicle, fearing for his safety.

“He did not attempt to drive away and he did not become physically violent or resistant with Const. Parker,” McLean said.

“His decision to remain within his vehicle when faced with a substantially larger-framed and angry male yelling and ordering him out of the vehicle, was due to fear.”

The hearing was told Parker attempted to remove the driver from the vehicle but he was restrained by a seatbelt. At that point, a bystander who called police on his cellphone to report the altercation taking place, attempted to help as he was concerned for the well-being of the driver, McLean said.

“His concern was due to the aggressive behaviour being displayed by Const. Parker,” McLean said.

McLean said Thompson left the vehicle and advised witnesses to the incident to “stay back, as they were police officers.”

McLean said she told Parker to get back into the car and suggested they should leave. McLean said at this point, Parker “disengaged” from his arrest and approached the bystander and directed him off the roadway by extending his arm into the man’s chest, pushing him back. The direction for the bystander to move back did not require physical contact, McLean said.

“Although the contact did not result in physical injury, the action of Const. Parker was an unlawful exercise of authority,” McLean said.

After that contact, Parker returned to his car and left with Thompson. Parker’s departure left those who witnessed the event, including the driver, with doubt as to whether the driver was under arrest.

McLean said the driver was never charged with an offence.

In a followup investigation by the NRP’s professional standards unit, the driver said he did not want to file charges, and was content with letting any potential penalty be decided internally.

Following the guilty plea in February, prosecuting officer Insp. Cindy White asked in April that Parker — who has been a police officer since 1990 — be demoted from the rank of first-class constable to second-class. She noted prior incidents for which Parker had been disciplined.

In October 2012, Parker was docked 60 hours pay after pleading guilty to discreditable conduct for pursuing his own inves- tigation after his commanding officer was cleared of wrongdoing concerning an allegation that he failed to file the proper paperwork after having drawn his weapon.

In July 2011, Parker was found guilty of using unnecessary force while arresting a cyclist without legal cause. He was docked 90 hours for the incident that took place in May 2008, and was directed to take counselling and anger-management courses via the employees assistance program.

In November 2007, Parker was docked one week’s pay after being found guilty of misconduct for pepper-spraying a prisoner who was handcuffed and restrained in the backseat of a cruiser. That incident took place in June 2005.

White said the fact Parker did not apologize to the tribunal or the two victims shows he is not remorseful.

Parker’s attorney, Andrew McKay, had asked for a penalty of no more than 90 hours docked pay, noting his client has three children for whom he has to pay support and he is therefore barely getting by.

A demotion in rank would impose undue financial hardship, McKay said in April. The lawyer said the fact Parker pleaded guilty shows remorse.

In the end, McLean opted for a penalty of 120 hours’ pay taken from holidays, float or special banked days or he can work without pay.

McLean said his decision was based on three factors — the nature and seriousness of the misconduct, the ability to rehabilitate the officer and the damage to the reputation of the police service.

“I accept that the circumstances that have brought us to this hearing today are very serious, and disposition must send a strong message of accountability,” McLean said.

He said Parker being allowed to continue as a frontline officer without further incidents since the events of 2013 speak to his ability to be rehabilitated.

“Although there are deficiencies identified in his performance appraisals, he has earned the support and confidence of his immediate supervisors,” McLean said.

McLean said the NRPS’s reputation has not been tarnished, to date, by the incident because it was not covered in the media.

“Depending on what media is in attendance here today, it may continue and the reputation may not be impacted severely,” McLean said. “However, in the event it does get published it will no doubt have a detrimental effect on the reputation of the Niagara Regional Police Service.”

Parker refused comment while outside police headquarters on James St. following the hearing.