Windsor police officer temporarily demoted for shoplifting

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A tearful Windsor police officer plagued by a series of personal tragedies was temporarily demoted Wednesday for shoplifting — crimes his lawyer called a desperate cry for help.

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A court heard that when Const. Ronald Bercovici twice stole from a local grocery store, he was reeling from several hardships including the death of a child.

Bercovici, a 23-year veteran with an otherwise positive record, repeatedly tried to make a statement during the hearing before choking up and handing his notes to a union representative.

“I am truly sorry and deeply regret my actions,” Bercovici wrote. “However, I am grateful for the administration and association for their strong support during this dark time in my life. I appreciate their empathy and recognition of the potent and destabilizing effects of mental stress, anxiety, and trauma.”

Bercovici pleaded guilty to two charges of discreditable conduct under the Police Services Act. Starting Feb. 20, he will be temporarily demoted from senior first-class constable to second-class constable. The nine-month demotion will result in a loss of about $15,000 in pay.

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He stole some health products, on Nov. 20, 2019 and Dec. 4, 2019, from Zehrs on Tecumseh Road East. Bercovici, who was off-duty in both cases, was arrested Dec. 21, 2019.

He was charged criminally with two counts of theft under $5,000. Those charges were withdrawn in May 2021 as part of Bercovici’s participation in the Direct Accountability Program.

The program is an alternative to formal prosecution that involves people charged with minor offenses making amends through community-based sanctions such as community service.

The temporary demotion was part of a joint penalty submission from defense and prosecution lawyers.

While stating that shoplifting is “serious misconduct,” prosecutor David Amyot noted Bercovici pleaded guilty and has an otherwise commendable track record.

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“Const. Bercovici’s lack of formal discipline, his long positive work performance and recommendations serve as significant mitigating factors in terms of the appropriateness of the penalty,” he said.

Defense lawyer Joanne Mulcahy said Bercovici has received 67 commendations, including a Police Exemplary Service Medal from the Governor General.

But the officer was struggling under the weight of several burdens, she said.

One of his children had died. Several of his wife’s family members had been diagnosed with cancer.

“These acts in 2019 really were a cry for help,” said Mulcahy. “Someone who was struggling mentally with numerous anxieties, numerous stressors in terms of build-up with respect to workplace trauma, stressors with respect to his family from him.”

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Mulcahy said the lingering work-related trauma included memories of a frightening incident from 2010.

“He and a number of officers responded to a naked, violent, bloody man, who ended up on top of him and tried with all of his strength to get Const. Bercovici’s firearm from him, and was only stopped after six officers used their batons on him to get him off Const. Bercovici,” said Mulcahy. “This has been devastating to Const. Bercovici.”

If not for the mitigating factors, hearing officer Greg Walton said he would have been concerned the suggested nine-month demotion didn’t go far enough.

“Short of these two instances, this is how to behave in a career,” Walton said of the officer’s record. “I’m very impressed with the documents that have been presented to me. It’s very unfortunate that these two incidents happened. But I’m really confident that I’m not going to see you back in front of this court.”

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