A male B.C. RCMP officer who took a sexualized photo of an unwitting female prisoner and sent it to a colleague using a work-issued cellphone committed professional misconduct but will not be fired or forced to resign.

Const. Samuel Culic admitted to one count of discreditable conduct and one count of misuse of government-issued property in connection with a 2021 incident at the Richmond detachment, according to a recently published conduct board decision.

“You took a sexualized photo of a prisoner to whom you owed a duty of care. You sent the photo to (another constable). At no time did (the woman) consent to her photo being taken,” the conduct decision said, summarizing the first count of misconduct Culic admitted to.

“You failed to use government-issued property correctly by taking a sexualized photo with your RCMP cellphone and transmitting the photo with your RCMP cellphone,” the decision continued, summarizing the second.

The woman, whose identity is subject to a publication ban, was arrested on an outstanding warrant when Culic was on duty. She had recently had “surgery on her buttocks” and requested loose-fitting clothing, according to the decision.

Culic entered the cell block’s video-monitoring room on the evening of Nov. 21, 2021, and snapped a photo of the screen showing the woman in her cell.

“(She) had her back to the camera with her buttocks partially visible,” the decision said.

“You made a comment that you wished you could be present the next day to release (her) from the cell so you could see her walk.”

After taking the photo, Culic admitted he sent it to another constable using WhatsApp, along with a message.

“The message read ‘Haha hot little senorita in cells tonight. Straight from Mexico,’” according to the decision, which also said the colleague responded with “Niceeee hahaha.”

The civilian jail guard reported Culic’s actions to his supervisor, who immediately addressed the issue by confiscating Culic’s phone and filling out an incident report. The decision noted Culic was co-operative and forthcoming, admitting to what he had done and showing his supervisory the photo and messages.

A criminal investigation was launched, but the decision said it concluded without charges being approved “because the elements of the offence of voyeurism could not be made out on the existing information.”

Culic was suspended with pay and the disciplinary proceedings wrapped up more than four years later, on Dec 19, 2025.

‘Significant conduct measures’

Representatives of the RCMP’s conduct authority asked the board to dismiss Culic or order him to resign.

“As an employer, the RCMP must maintain integrity and discipline in the workplace. (The woman) was a vulnerable person by virtue of her status as a prisoner under the RCMP’s care. She had a reasonable expectation that she would be treated with courtesy and respect and that her rights would be upheld by her custodians. The subject member failed in his duty of care owed to (her) and his actions breach the prisoner’s privacy rights,” the decision said.

“In order to maintain integrity and good conduct in the workplace. The RCMP must deal harshly with any member whose misconduct seriously undermines that responsibility. The RCMP has done so by taking steps to initiate the conduct hearing process and by requesting that I dismiss the subject member or direct him to resign.”

The woman was never informed about what happened and was likely unaware of the disciplinary proceedings.

“I am unable to ascertain her feelings relative to the Subject Member’s actions nor can I determine how they affected her,” Kevin Harrison wrote in the boards’ decision.

“She had a right to privacy, diminished by her incarceration, which the subject member violated. The subject member was expected to uphold her rights and failed to do so. I expect that she would not be pleased to know what has taken place.”

The decision described Culic’s misconduct as serious, and noted his behaviour fell markedly short of the standards expected of a police officer. It also noted the broader impact of individual cases.

“Public confidence in the RCMP has been dramatically eroded over the past decade due to member misconduct,” the decision said.

“Each successive case of misconduct adjudicated and established by a conduct board contributes to that loss of public confidence.”

Culic’s “unblemished” record and his demonstration of remorse were considered mitigating, leading the board to deem the misconduct was likely a momentary “lapse in judgment” and unlikely to recur.

“His actions seriously tarnish the RCMP’s image and contribute to the loss of public confidence and respect for the RCMP and police in general. These factors speak to the need to impose significant conduct measures, but not necessarily loss of employment,” the decision said.

The consequences imposed were a financial penalty equivalent to 40 days pay and a prohibition on applying for a promotion for a period of two years.