Brian Burkett was sentenced today, July 27.
Photo credit: SUBMITTED
July 27, 2021 – 10:09 am
A former Kelowna police officer who sent sexually explicit texts to vulnerable women he met on the job was today sentenced to a nine-month suspended sentence.
Brian Burkett, 38, was originally charged with seven counts of breach of trust for each woman who filed a complaint, but following a plea deal the seven complaints were reduced to a single charge, to which he pleaded guilty in June. He is also at the center of four civil lawsuits dealing with similar issues.
Judge Michelle Danyluk said the primary objective of the sentencing was denunciation and deterrence.
“Although the guilty plea is on an all-encompassing count within the offence, several victims were identified and it happened over several months from October 2015 to August 2016,” Danyluk said.
“In other words, this is not a one-time temporary misjudgment, but a repeated pattern of behavior.”
She also said that circumstances were made worse because it was done to women in need, causing long-term harm.
Confidence in the police was also shaken.
“There are some lines that can never be crossed, and you’ve crossed that line not once, but seven times,” she said. “This behavior not only harms the victims, but also partly the reputation of the task force and your former colleagues.”
Burkett will be serving his suspended sentence where he currently lives and works in Alberta.
He must behave decently and appear in court if necessary. Burkett is not allowed to contact or communicate with any of the seven victims or go anywhere the victims live, work, go to school or attend a church. For the first three months of his sentence, Burkett must observe a curfew from 9:00 p.m. to 6:00 a.m. and must be at home between those hours. For the months that follow his sentence, Burnett must observe a 11 p.m. to 6 a.m. curfew. He is also not allowed to own a weapon and attend a consultation, Danyluk said.
Burkett’s actions became known to his fellow Mounties in 2016 after a woman complained about his behavior and more complaints followed.
“Police then investigated breaches of trust,” QC Neil Wiberg said during a hearing in June.
“They confiscated the defendant’s cell phone and the defendant’s cell phone was not encrypted and they had text messages with several women. The police then went back and were able to determine what happened in those situations and charges were brought.”
In all seven of those cases, Burkett had contact with a female complainant as a result of an assignment related to his work with the Kelowna RCMP, such as serving a subpoena or conducting a traffic stop or assisting in a domestic assault. He then sent messages, often sexual in nature, that made them uncomfortable and scared.
The first was a woman who had been the victim of domestic abuse. Burkett allegedly took her testimony at the time of the attack and called her about a month later to verify a referral to victim services had been made. From that point on, he sent numerous text messages, many of them sexual in nature, including a picture of his penis.
The next woman contacted the Kelowna RCMP to file a complaint about criminal harassment by an ex-boyfriend, and Burkett was dispatched to investigate the case. He took an initial statement from the woman and she later texted him. Burkett then emailed asking to see her breasts.
The next woman was stopped by Burkett at a roadside stop. She had been driving while her license was suspended and when her car was towed he asked her to go out with him. He also sent her several text messages including pictures of his genitals.
Another woman came into contact with Burkett when her parents called RCMP and said she was suicidal. Two police officers, including Burkett, took her to the hospital. He texted her a little later, commenting that she wasn’t wearing a bra when he took her to the hospital and that she was beautiful. He texted her for a while and asked if she could come over and see how she was. He told her he wanted to date her and she said no. He kept writing, but she didn’t answer.
The fifth count came from a woman he met while investigating a theft at a liquor store where she worked. A week later, he texted her and asked if she would go out with him. Once he parked in front of the liquor store and asked if she wanted to let him in.
Sixth was a woman he took a statement from after a domestic assault. Two weeks later, he started texting her asking if she would go out with him. She refused to communicate with him any further.
Eventually, a woman was arrested in a disturbance and released from the cells by Burkett when she was sober. Later in the day, she received a Facebook message asking if she got home safely.
They started texting and sexting. He sent her $400 when she said she was having trouble paying her bills, and he contacted her and asked if he could visit her at home. She said no.
His attorney, Wade Jenson, said Burkett’s behavior violated police officer rules and guidelines. And he acknowledged this with a request and in August 2016, when he voluntarily sat down with the lead investigator on the matter, to make a candid and emotional confession.
Burkett was also accused of harassment in civil lawsuits. The Crown made no mention of these allegations. He was never charged in these circumstances and allegations remain unproven.
To contact a reporter for this story, Email Kathy Michaels or call 250-718-0428 or email to the editor. You can also submit Photos, videos or news tips in the newsroom and enter a monthly raffle.
We welcome your comments and opinions on our stories, but play nice. We will not censor or delete comments unless they contain off-topic statements or links, unnecessary vulgarity, false facts, spam, or obviously fake profiles. If you have any concerns about what you see in comments, email the editor at the link above.
News from © iNFOnews, 2021
