Former Richmond RCMP officer Kenrick Whitney broke down in tears as he asked Vancouver Provincial Court Judge Gregory Rideout to clear him of a criminal record at a sentencing hearing in Richmond on Tuesday.
It would be Whitney's second discharge, following a 2003 assault he committed. A decision will be made on Feb. 23.
Whitney, 49, faces 18 months probation and community service after pleading guilty to breach of trust for not declaring $650 and a hand tool he seized as part of a police integrity test.
Whitney, then working at Vancouver international Airport, was tested after allegations of cocaine use surfaced.
What followed was described as an "elaborate" investigation.
On May 30, 2013, an undercover police officer posed as a taxi driver who informed an on-duty Whitney that a man suspected of drug dealing left a bag in the back of the taxi.
When Whitney, a former BC Lion, investigated the matter he seized the bag containing $850, bear spray and tools.
But Whitney kept $650 and one tool, after his movements were tracked by a helicopter.
Crown attorney Dattilo Maurizio said police gave Whitney two weeks to tag the cash, but he never did. Ergo, Whitney was morally culpable, Maurizio argued.
Defense attorney Meagan Richards called it a $2 million mistake, noting Whitney has since lost his job, which paid him upwards of $100,000 annually, as well as his pension.
Richards noted Whitney was clinically depressed and troubled by family issues at the time.
"He's very remorseful. He's fallen on the sword," said Richards.
Whitney addressed Rideout, apologizing through tears.
"I've lost the confidence of the public …my peers …and the ability to support my family," said Whitney, who has two children and has since opened a gym in New Westminster.
Whitney said he was an outcast with the RCMP at the time of the sting.
In 2003 Whitney was discharged after pleading guilty of assault for slapping a man over a parking space dispute. He served 25 hours of community service. In 2007 the RCMP found him guilty of disgraceful conduct after he spat on a driver during a traffic stop while working for the Lower Mainland RCMP drug section.
Maurizio said a second discharge would send the wrong message to the public.
He said Whitney knew what he was doing, even noting that Whitney told a fellow officer, "It looks like I passed that integrity test," while handing in the $200 to the evidence room.
"Despite having that suspicion, he carried on," said Maurizio.
"The way to ensure he doesn't get another position of trust is to get a criminal record," said Maurizio, who did note mitigating factors such as stigma via media coverage, Whitney's guilty plea, his remorse and the fact there was no real victim.
But, "police officers swear to uphold the laws of the country of Canada and Whitney's actions are to the contrary of that," argued Maurizio.
Whitney was suspended without pay by police in February 2014 and he resigned last August.
RCMP Chief Superintendent Brian Cantera previously noted that Whitney's behaviour was "not in keeping with the core values of the RCMP and public expectations."
