Range of penalties debated for Waterloo regional police officer guilty of misconduct

A Waterloo regional police officer who was found guilty this summer of two counts of misconduct could forfeit between a day and 10 days' worth of pay, based on submissions made during a virtual sentencing hearing Tuesday.

Const. Jesse Foster was found guilty last month by an independent tribunal of wrongful arrest and excessive use of force in the July 2017 arrest of Natasha Broomes. He was also charged with racial profiling in the same incident, but was found not guilty. 

Foster arrested Broomes under suspicion she'd been involved in a weapons call, based in part on the colour of the SUV she was driving. Foster, who'd been on patrol when he spotted Broomes' vehicle, followed her home and detained her when she didn't provide her ID, ultimately grabbing her arm and forcing her to the ground.

It was only when Broomes was in the back of his cruiser he determined she had nothing to do with the weapons call. 

Prosecutor Jessica Barrow argued Tuesday that Foster should forgo between eight to 10 days' salary, though she told hearing officer Debra Preston it was "entirely up to" her to go beyond that range, and to even consider a demotion, if she felt it was appropriate. 

"The public needs to be assured that this type of behaviour will be taken seriously, is not representative of more general attitudes of the police service, and will be penalized accordingly," said Barrow, who said Foster should also receive further training on dealing with the public and implicit bias.

Foster's lawyer, Ben Jefferies, wants a penalty of 24 hours' forfeiture, though he agreed with the possible "value add" of more training. He cited the impact the lengthy prosecution has had for his client, along with the intensity of media scrutiny in the case.

"The stress, the embarrassment to himself and to his family, the public humiliation of being involved in this prosecution — especially with respect to the allegations of racial profiling of which he was acquitted — all those things constitute a mitigating circumstance and a powerful one at that," said Jefferies, who said Foster is also willing to learn from the incident and is unlikely to reoffend. 

As for Broomes, her lawyer, Davin Charney, noted she's also opened herself up to public scrutiny and negative comments as a result of the case. She also continues to suffer a anxiety and post-traumatic stress stemming from the arrest, particularly around police officers, Charney said. 

"Her sense of safety with respect to police is undermined," said Charney. "This is significant, because ... if you're in a crisis, if you need emergency assistance, there's only one institution that you could call to help you."

Charney declined to weigh in on the length of an appropriate penalty, noting that while he understands precedent must be followed, he thinks prior decisions haven't done enough to hold police accountable. 

"The decision today, whether it's five or 10 days or more — and I say this with the greatest of respect — will likely continue to undermine confidence, public confidence in policing," he said. 

Hearing officer Debra Preston is expected to deliver a sentencing decision later this fall.