Hamilton police officer pleads guilty to discreditable conduct

A Hamilton police officer has pleaded guilty to discreditable conduct following an incident that saw him lunge toward a woman while on-duty in February 2021.

Const. Ian Milburn, who has been with the service for 20 years, was charged under the Police Services Act after pleading guilty to assault last November in connection with the incident that was captured on surveillance video and shared widely online.

Milburn entered the guilty plea at the start of his disciplinary hearing Friday at the force's central station. In a joint submission, the prosecution and defence agreed on a punishment of a six-month demotion, or about $9,500.

Police prosecutor Marco Visentini called the penalty significant," noting the misconduct was on the higher end of the seriousness" spectrum. There was no justifiable reason for (Milburn) to behave in the way that he did," said Visentini, pointing to Milburn knowing the interaction was being recorded and the calm tone used by the victim throughout the interaction.

Milburn pleaded guilty to the assault last November and was sentenced to probation.

An agreed statement of facts presented at Friday's hearing laid out the incident that took place at a Hamilton home on Feb. 11, 2021. A camera outside the apartment also captured the interaction.

Milburn, along with Const. Peter Zafirides, was called to the residence just after 4:30 p.m. by the building superintendent following an interaction with a tenant.

When the pair arrived, the resident opened the door slightly and left it latched, as she only had a robe on. At this point, an exchange takes place between Milburn and the tenant. Milburn had also put his foot in the door to prevent her from closing it, according to the agreed statement of facts.

From her apartment door, which she had opened to say Enjoy your bullying of a position," the resident saw Milburn make a grimacing face as he lunged at her.

He and Zafirides then go up the stairs, where Milburn can be heard saying, Now that was fun."

According to an analysis by Hamilton police, Milburn never made contact with the door and Zafirides was not aware of the lunge until he saw the video on social media.

The resident called Hamilton police later that night to initiate a formal complaint against Milburn.

Lawyer K.C. Wysynski noted during the hearing that Milburn had consistently high performance reviews since he began working for the service in 2002. There were also three letters of support submitted on his behalf by other members.

The agreed facts stated Milburn had been diagnosed with post-traumatic stress disorder in April 2015. At the time of the incident, he was experiencing significant personal hardship" as well as symptoms associated with the condition.

He is attending therapy and has completed other treatment programs relating to his mental health.

In a victim impact statement, the woman involved in the incident - who The Spectator previously agreed not to name for safety reasons - said the assault left her feeling powerless" and deeply damaged" her faith in police.

The woman, who is trans and has disabilities, said she experienced anxiety, nervous sweats and nightmares in the days after the incident. While she struggled with his apology letter - a condition of his probation, the victim told Milburn he is worthy of getting better," while noting hurt people, hurt people."

Speaking at the hearing, Milburn thanked the victim for her kind words," while offering his apologies to her, his family and the service. They had to answer for what I did."

The hearing officer, retired Supt. Greg Walton, accepted the guilty plea and agreed facts. His sentencing decision will be released later.

Three years ago, Milburn was named in a civil case spurred from an incident involving four other officers and the arrest of Rikki Jeremiah, a Black preacher. A Superior Court justice found that Milburn and the other officers subjected Jeremiah to an illegal arrest and assault while Jeremiah was sitting peacefully in his car on a downtown street on Feb. 13, 2012.

Fallon Hewitt is a reporter at The Spectator. fhewitt@thespec.com