A former Surrey RCMP constable who pleaded guilty to breach of public trust after getting caught up in a Surrey Creep Catcher sting in Whalley in 2016 has been sentenced to a four-month conditional 鈥渏ail sentence served in the community,鈥� followed by 12 months probation for breach of trust.
Following lawyers鈥� submissions on Sept. 11, Judge James Sutherland made his decision this morning in Surrey Provincial Court.
As part of his 鈥渏ail sentence to served in the community,鈥� Devic will be under house arrest for the first two months but was granted the condition that he can drive his kids directly to and from school.
During the second two months of his sentence, Devic will have a curfew from 7 p.m. to 6 a.m.
The judge ruled that Devic does not have to provide a DNA sample.
Court hears former #SurreyBC cop Dario Devic has been unemployed since being suspended from the force after the Creep Catchers incident, and had been ostricized by policing colleagues. And that he feels great regret. #surreybc
鈥� Surrey Now-Leader (@SurreyNowLeader) October 19, 2018
Judge James Sutherland outlines factors considered in decision, including that Devic must鈥檝e known the 鈥渟erious鈥� consequences of his actions, abusing his position of trust. Notes he has support from family but has suffered consequences, which should鈥檝e been obvious risk #SurreyBC
鈥� Surrey Now-Leader (@SurreyNowLeader) October 19, 2018
Judge says conditional discharge would be in Devic鈥檚 interest, but not public interest鈥檚. He was entrusted with power and influence.
鈥� Surrey Now-Leader (@SurreyNowLeader) October 19, 2018
Last month the former Mountie, Dario Devic, told Sutherland, 鈥淚鈥檓 truly and deeply sorry I have put myself in this situation and everybody around me.鈥�
鈥淭he community expects the best from all police officers,鈥� he said, tearing up. 鈥淚t is not easy to deal with what has happened.鈥�
The Crown sought a one-year conditional sentence order (CSO) for the former cop while the defence wanted a conditional discharge.
A CSO is typically house arrest and a conditional discharge is when an individual isn鈥檛 sentenced for a crime unless another is committed within a certain time period.
鈥淚 have always been proud to be a Mountie,鈥� Devic told the court, adding his actions should not reflect on other police officers, whom he鈥檚 proud to have served with. 鈥淭hey also deserve an apology for my behaviour.鈥�
Devic also apologized to his wife, family and friends, whom he said have always been there for him regardless of the circumstances.
鈥淚 hope that from this day on I can be worthy of their love,鈥� he told the court, adding it鈥檚 difficult to see other people suffering because of his actions and that he 鈥渨holeheartedly鈥� takes responsibility for them.
鈥淚 will always have this hanging above my head,鈥� he said. He will have to tell his children about it one day, he told the court.
鈥淚 hope to once again be a positive role model for my kids.鈥�
READ ALSO: Dario Devic apologizes to family, community and former police colleagues
The judge heard submissions from Crown prosecutor Lauren Chu and defence lawyer Rishi Gill.
Devic鈥檚 wife Adisa Devic, who also addressed the court, stood by her man.
鈥淚鈥檓 still proud to call myself Mrs. Dario Devic,鈥� she said.
The couple spent a decade working, losing themselves and each other, she said, but despite his betrayal she knows he didn鈥檛 mean to hurt anyone.
鈥淚 simply know he鈥檚 not capable of it,鈥� she told the court.
鈥淲hile he made a horrible mistake, I do not believe he should be defined by that mistake,鈥� she said, adding her husband is living in 鈥渄eep regret.鈥�
鈥淗is dream job is gone.鈥�
Gill said his client 鈥渉as been vilified in a justifiable way鈥� and 鈥渉e is here to accept the consequences.鈥� The lawyer took aim at Surrey Creep Catchers who 鈥済enerated this incident鈥� and maintains 鈥渢hey have to have some accountability here.鈥�
The lawyer added Creep Catchers鈥� role doesn鈥檛 absolve his client, though. He says the 鈥渧igilante鈥� group is 鈥渢humbing their nose at the system.鈥�
Devic was arrested on Sept. 9, 2016 after Surrey Creep Catchers, a citizen group that aims to weed out 鈥減otential predators鈥� and 鈥渂last鈥� them in social media, did a sting outside a local mall.
The court heard a 30-year-old woman, Danielle Van Vliet, working with Surrey Creep Catchers, placed a 鈥減ersonals鈥� ad on Craigslist 鈥� Vancouver, BC >Delta/Surrey/Langley>Personals>Women Seeking Women, titled 鈥淪ummer Fun (Surrey), with the message 鈥渉ey!!!! this summer has been super boring and im (sic) looking to meet someone cool to hang out in the sun with,鈥� with a photo of Van Vliet 鈥� aka 鈥淐andace鈥� 鈥� with her age being listed as 18.
Surrey Creep Catchers is a vigilante citizen鈥檚 group that aims to weed out 鈥減otential predators鈥� and 鈥渂last鈥� them in social media. The court heard Van Vliet posed as a 15-year-old girl and communicated with Devic online after posting her bogus Craigslist ad. A meeting was set up outside the Boston Pizza at Surrey Central Shopping Mall in Whalley for Sept. 7 and Devic and Van Vliet met at about 9:15 p.m. Surrey Creep Catchers Surrey president Ryan LaForge and his crew live-streamed the sting on the Internet. Devic ran away.
At that time the Surrey RCMP received an anonymous report that Creep Catchers had posted on Facebook that they鈥檇 caught a police officer trying to meet up with an underaged girl. Police located Devic at 1:30 a.m. and drove him home. He was arrested the next day.
Devic had worked on the crash team since February 2016 and was required to be 鈥渙n call鈥� to respond to traffic crashes. On Sept. 7 he finished his shift at 9 pm. and was scheduled to be on call until 8 a.m. the next day.
The court heard that on Sept. 9, 2016, Devic was suspended from the RCMP, which then launched a code of conduct investigation 鈥渂ased on allegations that Mr. Devi had pursued a sexual, intimate or romantic relationship with an underage female, contrary to Section 7.1 of the Code of Conduct, and that he used his position as a police officer for personal reasons in pursuing a sexual, intimate, or romantic relationship with an underage female, contrary to Section 3.2 of the Code of Conduct.鈥�
On April 20, 2018, Devic was 鈥渕edically discharged鈥� from the RCMP. After that, the force dropped the code of code investigation against him because it lost jurisdiction over him because he was no longer a Mountie, the court heard. In August Devic pleaded guilty to one count of breach of public trust.
The court also heard Devic, who had worked as a constable on the Surrey RCMP Criminal Crash Investigation Team, and Van Vliet had exchanged approximately 200 emails between Aug. 29 to Sept. 7, 2016, exchanging photos as well. Devic called himself 鈥渄an donson.鈥�
Chu told the court Devic had sent Van Vliet 鈥� aka 鈥淐andace鈥� 鈥� a 鈥渟hirtless photo鈥� with the message 鈥淒o you like cops?鈥�
When 鈥淐andace鈥� told him she was really 15, the court heard, Devic replied 鈥淚 thought you were 18, are you really 15?鈥�
The prosecutor said he appeared to accept Candace鈥檚 claim she was 15 and was 鈥渞eckless about her age鈥� and had communicated with her about meeting while he was on duty.
鈥淚t鈥檚 abundantly clear as a police officer that he should have known better,鈥� Chu said.
Devic鈥檚 lawyer Rishi Gill told the court his client is no pedophile.
鈥淎t no point did he actually believe this person was under 16,鈥� Gill said, with Devic basing this on her representation in emails, pictures and 鈥渉is investigation into some of her assertions.鈥�
Dario Devic鈥檚 lawyer Rishi Gill speaks outside court about the #surreybc Mountie鈥檚 guilty plea today, to breach of trust of a police officer after a Creep Catchers sting in 2016. Defence expects the child luring charge to be formally stayed at sentencing. #surreybc pic.twitter.com/4lR4r4bS2q
鈥� Surrey Now-Leader (@SurreyNowLeader) August 30, 2018
Gill asked the judge to make an order that the photos they shared be released to the media, and neither Sutherland or Chu objected. 鈥淚 think it鈥檚 appropriate these pictures be released,鈥� Gill said. He said he would present in court 鈥渘umerous letters of reference from friends and family鈥� that would prove 鈥渋lluminating.鈥�
鈥淢r. Devic had a very serious error in judgment,鈥� he conceded, but added, 鈥淭here鈥檚 no risk of future offences.鈥�
