Hamilton cop convicted of weapons offences pleads guilty to disciplinary charges
A Hamilton police constable convicted of weapons offences for twice misusing his service gun on duty, including jokingly pointing his unloaded gun at a colleague and pulling the trigger, has pleaded guilty to disciplinary charges under the Police Services Act.
Const. Brandon Terdik pleaded guilty to two counts of discreditable conduct Thursday during a brief Zoom hearing before hearing officer, retired OPP Supt. Greg Walton.
When asked how he was pleading, Terdik answered guilty, sir" to each count.
The PSA charges directly relate to his convictions in July 2022 for careless use of a firearm and pointing a firearm in two separate incidents in 2021. The first incident occurred when the new officer was still on probation.
In the Ontario Court of Justice, Terdik was handed a suspended sentence and 18 months probation. But, crucially, Justice J. Elliott Allen also imposed a five-year weapons prohibition, which the court heard would make it difficult for Terdik to keep his job.
At the disciplinary hearing neither the police prosecutor, nor Terdik's Hamilton Police Association lawyer have yet stated what penalty they are seeking. However, it is ultimately up to Walton to decide whether Terdik will remain a Hamilton police officer.
During the brief PSA plea Thursday, police prosecutor, lawyer Lynda Bordeleau, said Terdik's discreditable conduct convictions relate directly to the criminal court convictions. However, the circumstances of the offences are relevant and will be detailed during the sentencing hearing.
Documents from the court case, including the agreed statement of facts and video evidence, are being submitted as exhibits in the disciplinary case for Walton to assess.
In the court case, Allen concluded that Mr. Terdik, when it comes to firearms, is not to be trusted," The Spectator previously reported.
According to the agreed statement of facts read in criminal court by the Crown, Terdik was getting ready in the Hamilton Mountain station locker-room on Oct. 23, 2021 when he noticed something wrong with his service-issued .40-calibre Glock handgun. In violation of training, he unloaded his gun by pointing it at the floor and then a friend checked the gun.
Hearing what sounded like a gun being handled, Const. Christopher Whyte, who had once been Terdik's coach officer, walked around the corner to tell Terdik to not mess around with his gun. That's when Terdik pointed his gun at Whyte's chest, pulled the trigger and laughed.
In court, Terdik claimed he did not remember pulling the trigger, but did not dispute Whyte's account of what happened. He apologized to his colleague for frightening him.
Court heard that it was while police investigated this incident that an earlier incident was uncovered on the cellphone of Terdik's friend and co-worker Const. Saad Tariq, who had been in the locker-room with Terdik on Oct. 23.
The second incident happened July 17, 2021 in the parking lot of St. Joseph's West 5th Campus. In the video, Terdik is seen dancing to music while seated in his cruiser, which is parked near a loading bay. Terdik drew his gun and punched it five times in the air while he danced.
Terdik's PSA hearing continues May 11, when it's expected a sentencing hearing date will be set.
Nicole O'Reilly is a crime and justice reporter at The Spectator. noreilly@thespec.com