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Prince Albert Provincial Court. (File photo/ paNOW Staff)
Court proceedings

Longtime member of Prince Albert Police Service pleads guilty to mischief

Sep 2, 2021 | 5:00 PM

A Prince Albert Police officer, who broke into his ex-girlfriend’s house while extremely intoxicated, has received a conditional discharge and nine months probation.

Darcy Bear, 37, was initially charged with being unlawfully in a residence, but entered a guilty plea to the lesser offence of mischief. The sentencing hearing was held on Aug. 26 at Prince Albert Provincial Court, but paNOW was only able this week to obtain a copy of the court records.

The case dates back to the spring and an incident that happened on April 16. Bear, a 16 year member of the Prince Albert Police Service, was off-duty at the time.

According to the statement of facts read in court by Crown Prosecutor Bill Burge, Bear had gone to his ex-girlfriend’s residence, who was home sleeping, along with her teenage son. Earlier he had sent her a number of text messages, saying he wanted to come over and pick her up.

“She didn’t invite him to her home,” Burge explained.

Security camera footage showed Bear driving up and parking at the victim’s home. He then walks up to the front door and unscrews the light bulb. He eventually tries to enter the house through a basement window, just a few feet away from where the teenage boy was sleeping.

Awoken by the sound of the screen being pulled off, the teenage boy ran upstairs and awoke his mother, who then immediately called 911.

“Mr. Bear was seen on video running across the street,” Burge said, adding he was found by police lying under a tree, at a nearby park, and it was “obvious” he had been drinking.

Victim impact statement

Fighting back tears, the mother explained Bear interfered with the safety and security of her home, and most importantly her son’s safety.

“I felt helpless to protect my child in a safe space … his bedroom … a place he should always feel protected, was destroyed,” she said.

The woman went on to describe how her son has experienced a lot of fear and stress since the incident, worrying Bear may return.

“Since then he has refused to open his window, even during the day. He is simply too scared to do it,” she said.

While acknowledging Bear has no prior criminal record, and that he was intoxicated, the woman argued he had clearly had insight into his actions. She explained how he had called her moments after the incident, advising her he was at home, but could come and provide assistance.

“I don’t have any ill will towards Darcy but I am really angry,” she said, adding she hopes this incident will be a turning point for him and believes he needs to be held accountable for his actions.

Defence arguments

Defence lawyer Alicia Hunter explained Bear was “extremely intoxicated” at the time of the incident, to the point he did not recall what he did.

“In any event, he is very apologetic and that is why he wants to plead guilty and get this cleaned up so he doesn’t have to put anyone through anything further like a trial or testimony,” she said.

Hunter went on to explain Bear, through counselling, has learned he has been suffering from major trauma, both in the form of the losses of how two close family members, as well as operation stress injuries, brought on by work. Bear has been sober since April, and said he understands he was using, to mask the issues that needed to be addressed.

Following the incident, Bear was issued a 30-day suspension under Section 53 (1) of The Police Act, 1990. Upon expiry of the suspension, he was then reassigned to non-operation administrative office duties. In a media release, the Prince Albert Police Service (PAPS) said it immediately initiated an investigation following the incident and notified the Public Complaints Commission (PCC). While Bear’s status had not changed, a spokesperson for the police service indicated to paNOW this week there may be further developments under the police act.

“When Darcy was suspended, it wasnt an opportunity for him to enjoy himself, it was very difficult and going forward he is going to have consequences through his employment as well,” Hunter said.

Prior to the conclusion of the hearing, Judge Lane thanked the victim for having the courage to read her statement. He also congratulated Bear for his sobriety, and noted everyone involved knew this was out of character for him and that’s why the focus for sentencing needs to be on restoration and fixing the problems that led to the incident. Bear’s probations conditions will include no contact with the victim and attending counselling.

“You come to court without a criminal record and you will leave without a criminal record,” Lane said.

nigel.maxwell@pattisonmedia.com

On Twitter: @nigelmaxwell

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