Greater Sudbury Police Service Sgt. Arlington Mullens pleaded guilty to one count of discreditable conduct in a disciplinary hearing on May 24, with a joint sentencing submission accepted by Superintendent Peter Lennox (Ret’d.).
Mullens has been a member of GSPS since January 3, 2006.
A joint statement of facts detailing the allegations against Mullens was read into the record by Joël Dubois, an Ottawa-based litigation lawyer. Mullens was represented by Chad Boyd, vice president of the Sudbury Police Association.
The discreditable conduct charge stems from an incident at Costco in Sudbury on March 19, 2022. Discreditable conduct is defined as acting in a disorderly manner or in a manner prejudicial to discipline, or likely to bring discredit upon the reputation of the Greater Sudbury Police Service.
In the joint statement of facts, Dubois stated that while off duty, Mullens attended Costco, by himself, “for shopping purposes.”
“Once he was done selecting various items he proceeded to the self-checkout lanes to process his order. While using the self checkout, the kiosk Mullens was using started flashing and displaying an incorrect weight.
“Upon inspection by a Costco employee of the items that were previously scanned by Sgt. Mullens, and placed by him in the area of the self-checkout that is reserved for scanned items, a T-shirt was selected by the employee for closer examination,” stated Dubois.
The employee determined that the t-shirt covered a Cutco santoku carving set. While the t-shirt had been scanned, the knife set, valued at $179.99, had not been, though it was placed in the area reserved for scanned items.
“The actions of Sergeant Mullens as described above were: A, irresponsible; B, could reasonably be perceived by members of the public as an attempt to shoplift; C, could have brought discredit upon the reputation of Sgt. Mullens, and of the Greater Sudbury Police Service; and D, constitute discreditable conduct,” said Dubois, before noting that the agreed statement of facts is dated May 24 and signed by both Dubois and Mullens.
The hearing then moved to the penalty phase, which was again a joint submission, meaning both parties agreed to the statement prior to the hearing.
The public interest is applicable,” said Dubois. “Police officers and supervisors, which Sgt. Mullens is, are held to a higher standard. Their actions obviously have a direct impact on the community's confidence in policing.”
The ability to reform and rehabilitate the officer is the next consideration in sentencing, said Dubois. “The officer taking responsibility is mitigating, and the officer, obviously, can be rehabilitated, and that was taken into consideration as part of the joint submission.”
Boyd, on behalf of Mullens, spoke to the officer's full participation in the disciplinary process as a mitigating circumstance to his sentencing, as well as his state of mind at the time.
“During the period of the event, he (Mullens) was under an incredible amount of personal distress, dealing with significant issues within his personal life,” he said.
Boyd said at the time of the event, Mullens was under medical treatment, and has been and is currently on medical leave.
Though Lennox said he does not usually administer a penalty the day he hears submissions, as this case was straightforward and he was familiar with the case law submitted as part of the sentencing, he felt comfortable doing so.
Lennox agreed with the joint sentencing submission, which will start immediately.
Mullens will be demoted to constable - first class for six months, after which the officer will return to the rank of sergeant “conditional on satisfactory performance of duty, as confirmed by the unit commander,” said Lennox.
Jenny Lamothe covers court for Sudbury.com.
