Derek McCormick leaves the Ontario Court of Justice in Toronto on Tuesday. The former Toronto Police officer pleaded guilty to breach of trust and one count of theft under $5,000.Sammy Kogan/The Globe and Mail
A veteran Toronto Police officer, who retired earlier this month after being charged in the Project South corruption probe, pleaded guilty Tuesday to breach of trust and one count of theft under $5,000.
Derek McCormick, 57, received a 10-month conditional sentence after admitting to stealing cellphones that had been turned in by members of the public while he was working a front desk at downtown’s 52 Division. Court heard that he was struggling with an addiction to painkillers at the time.
According to an agreed statement of facts filed in court, Mr. McCormick gave two phones to another Toronto police officer, Constable Timothy Barnhardt, who is facing the most serious charges in Project South. ConstableBarnhardt was allegedly seeking a “burner” phone and allegedly sold painkillers to Mr. McCormick despite being aware of his addiction, according to the statement.
Court heard Mr. McCormick was caught on wiretaps speaking to Constable Barnhardt last fall. According to the agreed statement of facts, Mr. McCormick suspected he could be investigated for the theft of items that had been turned into police, and disposed of 120 items – mostly identity and credit cards – in a sewer immediately prior to his arrest last January.
In February, York Regional Police announced charges in Project South against seven active Toronto police officers, including Mr. McCormick and Constable Barnhardt, and one recently retired officer, as well as nearly 20 civilians. The probe began in June of last year, after the alleged attempted killing of a Toronto South Detention Centre correctional officer at his home. Investigators have alleged that members of organized crime were buying data and addresses from police officers, which were then used to co-ordinate targeted shootings and other crimes.
The cases of the others charged in Project South are proceeding straight to trial in Superior Court, after the Crown obtained direct indictments for them earlier this month. A case with a direct indictment skips a preliminary inquiry, which is typically held to determine whether the Crown has enough evidence to justify a trial. None of the allegations have been tested in court.
During the sentencing in the Ontario Court of Justice following Mr. McCormick’s guilty plea, Justice Jonathan Bliss condemned the former officer, saying that he ruined his reputation and that of many of his police colleagues, by throwing away a once-distinguished 28-year policing career.
“Your actions have tarnished your reputation and the reputation of all honest, hardworking Toronto Police officers,” Justice Bliss said. He added that Mr. McCormick had betrayed his oaths, his police peers, and his position of authority.
Mr. McCormick retired on July 1, court heard. The Toronto Police Service did not immediately respond to a request for comment Tuesday.
Crown attorney Vlatko Karadzic told the court Tuesday that Mr. McCormick was a peripheral player in the overall Project South probe, and that he was not involved in alleged unlawful data searches or the more serious alleged criminal conspiracies.
But he told Justice Bliss that the officer’s actions were still very serious and “not a momentary lapse or an impulsive decision.”
Mr. McCormick, who appeared wearing thick glasses, with his hair tied back in a bun, declined an invitation from Justice Bliss to address the court.
Before sentencing, defence lawyer Gary Clewley said “Derek McCormick regrets what he did.” He added that Mr. McCormick, who is married with four children, is in treatment and has not taken substances since his arrest in January.
Mr. Clewley said Mr. McCormick’s work as a police officer led him to suffer from post-traumatic stress disorder and that he turned to “self-medicate” with pills and alcohol.
“The job took a great toll on him,” he said.
Mr. Barnhardt, who is to appear in court later this week, is the police suspect facing the most serious charges – including that he allegedly unlawfully looked up the jail guard’s address and leaked it to organized-crime figures. His lawyer did not immediately respond to a request for comment Tuesday.
Detectives at York Regional Police whowere surveilling Constable Barnhardt last year overheard him speaking to Mr. McCormick on several occasions about getting Mr. Barnhardt an untraceable phone, according to the statement.
Mr. McCormick told Constable Barnhardt “he will be starting night shift soon when he anticipated Uber drivers will be bringing in phones left behind by intoxicated customers,” the court-filed document states.
Two phones were handed over to Constable Barnhardt that fall. The agreed statement also says that undercover police officers investigating Mr. McCormick twice attended 52 Division desk to hand over Samsung Galaxy phones to him and that he took possession of the phone and did not issue a property receipt.
The agreed statement says that Mr. McCormick was caught on a wiretap at the beginning of December remarking that he could be being investigated for theft of turned in property.
On Dec. 2, Mr. McCormick was overheard saying that “he had about 60 credit cards, IDs and bus passes, which he disposed of in a sewer the day before” and that “he cleaned out his locker of all loose IDs and wallets.”
The items – and others – were found the next day, according to the agreed statement.
“It is unclear how these items wound up in McCormick’s possession,” the agreed statement says.