Hamilton cop fired unloaded gun at colleague, captured on video dancing with firearm

A Hamilton police officer who pointed his unloaded service gun at a colleague and pulled the trigger, and who was captured on video waving his gun around while dancing in his cruiser, is scheduled to plead guilty to disciplinary charges at the end of the month.

The Police Services Act hearing will determine what penalty Const. Brandon Terdik will face, including whether he will be able to keep his job.

Terdik pleaded guilty in the Ontario Court of Justice last July to careless use of a firearm and pointing a firearm in relation to two unrelated incidents in 2021, the first of which occurred while he was still on probation. He was given a suspended sentence plus 18 months probation.

At the request of assistant Crown attorney Richard Garwood-Jones, the court also imposed a five-year weapons prohibition. Terdik's criminal defence lawyer Gary Clewley argued such a lengthy ban would make it difficult for Terdik to keep his job. It may be acceptable to be on administrative duty for a year, but five years without being able to carry a gun and work on active duty is unlikely.

What emerges from these incidents is that Mr. Terdik, when it comes to firearms, is not to be trusted," concluded Ontario Court Justice J. Elliott Allen.

The incident captured on video looks for all intents and purposes to be the behaviour of a drunk. Mr. Terdik may have found it amusing and may have found jabbing his pistol in the air was harmless; most people seeing the video would wonder who gave him a badge and a gun."

The second incident, where Terdik pointed his unloaded gun and fired it at another officer in a Hamilton police station locker-room, went far beyond the misconduct of the first, Allen said.

I'm a great believer in a second chance ... but not where guns are involved," he said.

Terdik's criminal court convictions led to two Police Services Act charges of discreditable conduct. Terdik made his first appearance before hearing officer retired OPP superintendent Greg Walton last month. During a brief teleconference Wednesday, it was revealed that Terdik intends to plead guilty to the disciplinary charges this month.

According to the agreed statement of facts read in criminal court by Garwood-Jones, Terdik was getting ready for his patrol shift in the locker-room of the Hamilton Mountain station on Oct. 23, 2021, when he noticed something wrong with his service-issued .40-calibre Glock handgun.

Terdik, who was up to date on training, unloaded his gun by pointing it at the floor. This goes against training and policy requiring officers to load and unload guns at pistol proving stations," which are located by the locker-room door and can absorb a gunshot if a gun is accidentally fired.

Terdik's friend and co-worker Const. Saad Tariq was also getting ready nearby and saw Terdik empty a round from the gun. Garwood-Jones said Tariq then took possession of the gun to see if he could correct the issue and noted it was empty. Meanwhile, officer Christopher Whyte, who had been Terdik's coach officer for some time, was in the next row of lockers getting ready. He could hear them talking and the metallic sound of a gun being handled." He heard Terdik say something like: oh my gun's f--ked."

Tariq handed the gun back to Terdik and Whyte, not yet in uniform so without the protection of a bulletproof vest, walked around to tell Terdik to not mess around with his gun. As Whyte came around the corner, he was met by Terdik walking toward him, Garwood-Jones said. At a distance of six feet or less, Terdik drew his gun, pointed it at Whyte's chest and pulled the trigger, causing it to make a click" sound.

After pulling the trigger, Brandon Terdik laughed and re-holstered the firearm, Christopher Whyte was shocked and angry," Garwood-Jones said. Whyte later reported the incident.

Court heard Terdik made notes about the incident later where he claimed the noise was from releasing the slide, and not pulling the trigger.

I don't clearly remember pulling the trigger, but if he says I did, I'm going to say I did," Terdik told the court July 7, 2022.

In his judgment the following day, Allen said he did not believe that Terdik did not remember. He also questioned whether those who wrote letters of support for Terdik knew the details of his actions, noting it is his experience that some police officers often don't accept another officer's guilt or minimize the actions.

Court heard it was during the investigation into the locker-room incident that police uncovered an earlier incident that had been recorded on Tariq's phone July 17, 2021. Terdik and Tariq were dispatched to a domestic call and while still logged on to the call went to the parking lot of St. Joseph's West 5th Campus near a loading bay where Tariq took video of Terdik dancing to music while seated in his cruiser.

At one point, Terdik drew his loaded gun and punched it five times toward the front windshield before re-holstering it, Garwood-Jones said, adding that Terdik's finger was not on the trigger.

Court heard Tariq was interviewed about it and told officers he forgot the video existed. Tariq said he never spoke with Terdik about it and should have reported it.

Garwood-Jones described Terdik as a brand new police officer who committed two serious acts involving his service gun within 99 days. The offences represent very dark moments" for this officer, Hamilton police and law enforcement in Ontario, he said.

Clewley told court Terdik is a fine young man who made two very foolish mistakes."

Terdik apologized to the court and those involved in the case for his actions and read a letter of apology to Whyte, who court heard had been off work following the traumatizing incident.

I want to apologize to Christopher Whyte for what I did, it was mindless, dangerous and I'm terribly sorry that I frightened and upset him. I'm sorry, I did not realize the effect it had on him sooner so I could apologize," he said.

Terdik said he's thought about the incident daily and hopes his guilty plea shows Whyte and the court how deeply sorry" he is.

The Police Services Act hearing resumes for a scheduled guilty plea March 30, with a sentencing hearing at a separate date to follow.

Nicole O'Reilly is a crime and justice reporter at The Spectator. noreilly@thespec.com