CPS officer who had rifle stolen won't face criminal charges

[Rod1960]

Officer who had rifle stolen won't face criminal charges

A Calgary police officer under investigation after a rifle and police notebooks were stolen from his personal vehicle will not face criminal charges.

The three-year member of the force, identified by sources as Const. Stephan Baker, was cleared Monday in a criminal investigation by the Edmonton Crown prosecutor’s office.

Baker remains the subject of an internal investigation.

“We’ll be looking at the officer’s judgment, service policies, and any other factors that are related to the event,” said police spokesman Kevin Brookwell.

The incident occurred April 4, 2015, when Baker left in his personal car a police-issued Colt C8 rifle, two magazines containing 28 rounds each, and five notebooks containing personal information of citizens.

The items were stolen while Baker, who was off-duty, was in Schanks Sports Bar on Crowfoot Terrace N.W. The weapon case was locked but not properly tethered to the vehicle.

The rifle, magazines, and case were recovered nearly two weeks later, though some rounds were missing. Police believe they were fired, but not in the commission of a crime. The notebooks were also later recovered. An investigation into the theft, separate from the review of the officer’s conduct, is ongoing.

Baker was initially suspended with pay, but has since returned to work in an administrative, non-patrol role, where Brookwell said he will remain through the investigation.

The president of the Calgary Police Association said he was not surprised that criminal charges were not recommended.

“The criminal code and firearms act provide exemptions for case officers in relation to storage and handling of firearms in the execution of their duty,” said Howard Burns.

“I think it would have been a formidable challenge to prove that this constable wasn’t in the course of his duty.”

Baker was taking the rifle assigned to him home to clean.

The police did not initially mention the notebooks were part of the theft until more than five weeks after the incident. The provincial privacy commissioner was notified, but no privacy breaches were reported by the public.

While the police investigation into the officer’s conduct was begun the same day as the incident, standard procedure requires that it be put on hold during a criminal investigation.

Brookwell said the internal investigation is now continuing, though there is no time frame for its completion.

“A pretty thorough investigation has already been done and reviewed by everybody, so most of the heavy lifting is completed,” said Brookwell.

“It’ll be a matter now of seeing if there were any policies that were breached or any other conduct issues.”

http://calgaryherald.com/news/crime/officer-who-had-rifle-stolen-wont-face-criminal-charges

[IR_mike]

Awesome!!!

[grouse_hunter]

One hand washes the other...

[bat119]

CBC reported couple days ago you could easily turn an "assault" rifle into an automatic machine gun but since this was just a Patrol carbine it not that big of a deal.

Locked box in the Trunk of the car ?:sign0161:

[Supermag]

So if it's a cop's AR, then it's a "patrol carbine" but if a licenced Canadian gun owner has one, then it's an "assault rifle"?

Can't it be a "range carbine"? :thinking-006:

[hillbillyreefer]

Further proof that two sets of rules exits in this country. The more of this crap that goes on the less the citizens trust the government and its enforcement arm.

[Kim473]

Getting closer to a policed state. I wonder when the Liberals will do some big changes to all gun owners ? Like take them away.

[elkhunter11]

So if it's a cop's AR, then it's a "patrol carbine" but if a licenced Canadian gun owner has one, then it's an "assault rifle"?

Can't it be a "range carbine"? :thinking-006:

Being that the magazinres are prohibited, a citizen would not be allowed to own the magazines. If a citizen left that restricted firearm in the trunk, it would require a locking device attached to the firearm, as well as being in a locked container.

I am actually even more concerned about the officer being so careless with people's personal information. And then he never mentioned the notebooks for five weeks after they went missing.

[BigRedJeep]

Wow this is bull manure! Now this rifles adding to crime! Sure hope it's registered! Now the criminal will illegally modify it to full auto with his milling machine and an auto bolt carrier group that's so easy to get and modify. Soon it's a full blown weapon of mass destruction.

[whiteout]

Wow this is bull manure! Now this rifles adding to crime! Sure hope it's registered! Now the criminal will illegally modify it to full auto with his milling machine and an auto bolt carrier group that's so easy to get and modify. Soon it's a full blown weapon of mass destruction.

Hopefully this is sarcasm.

[BigRedJeep]

Hopefully this is sarcasm.


110% pure genuine sarcasm.
Two faced organization. (As much as any other in Canada) They play off crime like this. Then say that virtually any billy psychopath can easily Modify any semi auto rifle to fully automatic operation.

Don't get me wrong I respect the police officers. They are under staffed and under armed. We need more organized crime action! It's out of hand! But taking the guns out of a law abiding citizens is not working and never will.

[HighlandHeart]

Patrol carbine? Sounds dangerous, like it might have a pistol grip, high capacity clips, and a barrel shroud.

https://www.youtube.com/watch?v=WhNkIsP59pM

[CaberTosser]

110% pure genuine sarcasm.
Two faced organization. (As much as any other in Canada) They play off crime like this. Then say that virtually any billy psychopath can easily Modify any semi auto rifle to fully automatic operation.

Don't get me wrong I respect the police officers. They are under staffed and under armed. We need more organized crime action! It's out of hand! But taking the guns out of a law abiding citizens is not working and never will.


The police wouldn't be understaffed if the judiciary kept the bad guys where they belong. The police spend wayyyyy too much time re-arresting the same degenerates over and over. Oh how I wish we had 3-strikes legislation like some of the U.S. states. Heck, to make it touchy feely-er we could make it 4 or 5 strikes and still be way ahead.

[BigRedJeep]

The police wouldn't be understaffed if the judiciary kept the bad guys where they belong. The police spend wayyyyy too much time re-arresting the same degenerates over and over. Oh how I wish we had 3-strikes legislation like some of the U.S. states. Heck, to make it touchy feely-er we could make it 4 or 5 strikes and still be way ahead.


Yup precisely! I experienced a great example last week.

3 vehicles in my home town in sask were stolen one night. Police caught them in the morning. Subsequently released because they were under age. On the way back to the reserve they stole some of my friends fuel from his family farm. Police obviously caught them. Again. Haven't heard what has happened now. Probably released as they were under age

[rocpilefsj]

Drinking at schanks is part of his "normal course of duty"? Pretty sweet gig lol!

[Scott N]

Patrol carbine? Sounds dangerous, like it might have a pistol grip, high capacity clips, and a barrel shroud.

https://www.youtube.com/watch?v=WhNkIsP59pM

Don't forget the shoulder thing that goes up.

[Hunter1602]

The police wouldn't be understaffed if the judiciary kept the bad guys where they belong. The police spend wayyyyy too much time re-arresting the same degenerates over and over. Oh how I wish we had 3-strikes legislation like some of the U.S. states. Heck, to make it touchy feely-er we could make it 4 or 5 strikes and still be way ahead.

Reality is the service is at about a 60% working capacity at most given times. This is dues to general illness, vacations, long term disabilities, maternaty leave and so on. Currently, they are looking at taking from specialty units to fill the streets needs. This will effectively put more officers back on the street, but it will take away from other areas of community policing the City desperately needs.

Reality is the NDP and the municipality will not be adding funds for recruiting, just replacement. The problem really isn't police re arresting and such, however, backed up court, wait times, not enough judges, and crown prosectors to properly, and effectively push the paper work through.
It doesn't really have much to to with the arrest time, but the manner in which the process is conducted takes time.

[Got Juice?]

Drinking at schanks is part of his "normal course of duty"? Pretty sweet gig lol!

Exactly.

I have stopped for a bite with my R guns in the vehicle. But I keep the vehicle in sight, and do not stop for long.


Going to a BAR with a Restricted? You have got to be chitting me!!!! If that was a citizen, you would be crucified (and rightly so!)

[Scott N]

Exactly.

I have stopped for a bite with my R guns in the vehicle. But I keep the vehicle in sight, and do not stop for long.


Going to a BAR with a Restricted? You have got to be chitting me!!!! If that was a citizen, you would be crucified (and rightly so!)

Yup, I would agree with you. If Joe Citizen stopped at the bar on the way home with a restricted firearm, and had it stolen, the same cop from this story would more than likely be quite happy to charge you, and let the courts sort it out. With a huge lawyer bill I'm sure...

[3blade]

Further proof that two sets of rules exits in this country. The more of this crap that goes on the less the citizens trust the government and its enforcement arm.

Actually I think it's 6. In order of importance according to politicians...

Politicians
More equal Siberian migrants
Cops
Immigrants
Dogs and cats and ponys
The rest of us.

:sign0161:

What a joke. "In the course of his duty". Yeah ok

[elkhunter11]

Exactly.

I have stopped for a bite with my R guns in the vehicle. But I keep the vehicle in sight, and do not stop for long.


Going to a BAR with a Restricted? You have got to be chitting me!!!! If that was a citizen, you would be crucified (and rightly so!)

Not just a restricted firearm, but prohibited magazines as well.

[fish_e_o]

i'm glad they aren't charging him. it's a stupid "law" and this sets a good precedent for future enforcement.


lets charge the criminals not the victims :angry3:

[whiteout]

It's not about where you stop, its about reasonableness.

I went though this with the CFO when I was buying some guns out of town and had to drive a fair ways back home. They had zero issues with stops for food, gas, washroom and to pick up a few other items along the way. The location made zero difference to them, was just reminded of the regulations for leaving firearms unattended in a vehicle.

[Halfton]

i'm glad they aren't charging him. it's a stupid "law" and this sets a good precedent for future enforcement.


lets charge the criminals not the victims :angry3:

It only will set a president for Law Enforcement Officers charged. The rest of us would have been facing thousands and thousands in legal bill, fines and had our PAL revoked and our firearms removed and then slapped with a 10 year minim if not a life time weapons possession ban had we parked outside a BAR (oh sorry now it is a restaurant) and left our restricted firearm in our vehicle in plain site and had it stolen.
This whole situation just STINKS.

Jim

[fish_e_o]

It only will set a president for Law Enforcement Officers charged. The rest of us would have been facing thousands and thousands in legal bill, fines and had our PAL revoked and our firearms removed and then slapped with a 10 year minim if not a life time weapons possession ban had we parked outside a BAR (oh sorry now it is a restaurant) and left our restricted firearm in our vehicle in plain site and had it stolen.
This whole situation just STINKS.

Jim

still shouldn't make him a criminal regardless of where he was.

no one should be in that position where being a victim ruins your life. charge the criminals not the victims and i will never be upset.

so in this case i'm happy it's one step closer to having a reasonable approach to things

[Redfrog]

still shouldn't make him a criminal regardless of where he was.

no one should be in that position where being a victim ruins your life. charge the criminals not the victims and i will never be upset.

so in this case i'm happy it's one step closer to having a reasonable approach to things

Was the firearm out of sight? Locked up?

[Hagalaz]

When I first heard of this I knew that he would get away with it. Police in Canada are above the law, we have seen this time & time again.

The 3 mounties on trial for the Sylvan Lake assault will most likely get away with it too. They were justified in harassing & attacking a man for carrying a bottle of root beer, the authorities will say.

[fish_e_o]

Was the firearm out of sight? Locked up?

it's my understanding it was. but either way it's a stupid law that should be overturned. being a victim should not make you a criminal

[Twisted Canuck]

This is the only bit I take issue with:

“The criminal code and firearms act provide exemptions for case officers in relation to storage and handling of firearms in the execution of their duty,” said Howard Burns.

Sorry, stopping at Schank's for a brewsky isn't the execution of your duty, so no exemption (and I'm curious how many brewskies he had before he noticed he'd been ripped off. Bet he didn't have to do a roadside sobriety test or blow either). I have no problem if they don't want to charge him for having his almost fully automatic patrol assault machine carbine fall in to the hands of a criminal (or whatever the media is calling it now)....as long as they don't charge any other law abiding gun owner when some delta bravo steals his restricted when he stops for a coffee at Tim's!

[Okotokian]

A Calgary police officer under investigation after a rifle and police notebooks were stolen from his personal vehicle will not face criminal charges.


I hadn't heard about the notebooks. Personally, I think that's the more outrageous loss. I would imagine those notebooks would be filled with personal and potentially damaging information about people, criminals and citizens. Under Alberta law each of the people who's personal information as in those notebooks would have to have been notified of the loss. Never heard anything about that.

I've got no problem with the guy not being charged. I imagine he got the book thrown at him within the force.

[elkhunter11]

I hadn't heard about the notebooks. Personally, I think that's the more outrageous loss. I would imagine those notebooks would be filled with personal and potentially damaging information about people, criminals and citizens. Under Alberta law each of the people who's personal information as in those notebooks would have to have been notified of the loss. Never heard anything about that.

I've got no problem with the guy not being charged. I imagine he got the book thrown at him within the force.

Then again it may be your imagination that the force will throw the book at him. As for the notebooks, the police have admitted that they contained personal information about numerous citizens. And I agree that being so careless with that personal infornation is the biggest issue here

[twofifty]

What a nice cosy arrangement these fine upstanding citizens have with the justice system.

[Okotokian]

Then again it may be your imagination that the force will throw the book at him.

Yeah, could be.

[Hunter1602]

I hadn't heard about the notebooks. Personally, I think that's the more outrageous loss. I would imagine those notebooks would be filled with personal and potentially damaging information about people, criminals and citizens. Under Alberta law each of the people who's personal information as in those notebooks would have to have been notified of the loss. Never heard anything about that.

I've got no problem with the guy not being charged. I imagine he got the book thrown at him within the force.

He will be riding the front desk for a FEW years... Not a couple...
The notebook stolen is far worse than most can imagine..

[Domestique]

The police wouldn't be understaffed if the judiciary kept the bad guys where they belong. The police spend wayyyyy too much time re-arresting the same degenerates over and over. Oh how I wish we had 3-strikes legislation like some of the U.S. states. Heck, to make it touchy feely-er we could make it 4 or 5 strikes and still be way ahead.

The US of A has the highest incarceration of any country in the world (1 in 30ish Americans are in prison) Do you think this is working for them?

[hopper146]

“The private contracting of prisoners for work fosters incentives to lock people up. Prisons depend on this income. Corporate stockholders who make money off prisoners’ work lobby for longer sentences, in order to expand their workforce. The system feeds itself,” says a study by the Progressive Labor Party, which accuses the prison industry of being “an imitation of Nazi Germany with respect to forced slave labor and concentration camps.”

The prison industry complex is one of the fastest-growing industries in the United States and its investors are on Wall Street. “This multimillion-dollar industry has its own trade exhibitions, conventions, websites, and mail-order/Internet catalogs. It also has direct advertising campaigns, architecture companies, construction companies, investment houses on Wall Street, plumbing supply companies, food supply companies, armed security, and padded

[danvan]

suspended with pay doesn't sound like getting the book thrown at you

[roper1]

A thorough internal investigation is complete. Most of the heavy lifting is done. Says Sgt Kevin Brookwell. The guy is back at work, no charges laid ever, promotion upcoming soon. Wow, just wow.

[Quinn]

How the police and RCMP protect themselves is a joke. This, among many other recent events, is a perfect example.

All this adds up to the general public not trusting them, and for good reason.

[CaberTosser]

The US of A has the highest incarceration of any country in the world (1 in 30ish Americans are in prison) Do you think this is working for them?

More like one in 110. Check your facts, nothing like exaggerating by 300%

[Savage addict]

My big question is- what was he going to do after shanks? Drive home? Leave his AR over night in the empty parking lot? He couldn't take it home and secure it? Then take a cab to the bar? Weird right? Any citizen would have their guns all seized and RPAL revoked. Very disturbing. He should receive a worse consequence than any civilian due to his authority. He could have caused a mass shooting.

[whiteout]

My big question is- what was he going to do after shanks? Drive home? Leave his AR over night in the empty parking lot? He couldn't take it home and secure it? Then take a cab to the bar? Weird right? Any citizen would have their guns all seized and RPAL revoked. Very disturbing. He should receive a worse consequence than any civilian due to his authority. He could have caused a mass shooting.

Why wouldn't he drive home? You're making the poor assumption that he was too intoxicated to legally drive. Its completely possible to stop at Shanks and not drink. And even if he did choose not to drive home, he could have taken a cab, there is no law against transporting a firearm in a cab.

Some of you are making stupid assumptions that aren't based in anything remotely related to fact. If the cases of people having the book thrown at them are so prevalent, jump on Canlii and post some of the cases here. Start dealing in fact and not ridiculous supposition.

[altex]

Actually I think it's 6. In order of importance according to politicians...

Politicians
More equal Siberian migrants
Cops
Immigrants
Dogs and cats and ponys
The rest of us.

:sign0161:

What a joke. "In the course of his duty". Yeah ok

x2

[Domestique]

More like one in 110. Check your facts, nothing like exaggerating by 300%

My google skills were not as sharp as yours.

Back to my question now that you have corrected the stat; do you think near 1% of all Americans in prison is working for them? Are longer sentences the answer?

[jayboots]

Interested in how one gets one of these Patrol Carbines. I would be interested in getting one as they are less dangerous then the big bad black "assault rifles".....

[elkhunter11]

How the police and RCMP protect themselves is a joke. This, among many other recent events, is a perfect example.

All this adds up to the general public not trusting them, and for good reason.

And the public trust decreases every time an incident like this occurs. That is just one more reason the RCMP does not want civilians to own firearms.

[Got Juice?]

What a nice cosy arrangement these fine upstanding citizens have with the justice system.

You know my situation well enough. There is no justice.

But there is a LEGAL system... that sometimes works.:snapoutofit: