Assault of Dafonte Miller

Dafonte Miller was assaulted on December 28, 2016 in Whitby, Ontario, Canada, a city located approximately 20 km (12 mi) from Toronto, by Michael Theriault, an off-duty constable of the Toronto Police Service. Michael's brother Christian was also present. Miller is black; the Theriaults are white.[1] On June 26, 2020, Michael Theriault was convicted of assault in connection with the incident.[2] On November 5, 2020, Theriault was sentenced to nine months in prison with 12 months probation following, along with a five-year weapons prohibition.[3][4] The case received significant media attention in Canada.

Assault of Dafonte Miller
DateDecember 28, 2016
Time2:30–3:30 a.m.
LocationWhitby, Ontario, Canada
ParticipantsDafonte Miller, Christian Theriault, Michael Theriault
Outcome
  • Charges dropped against Dafonte Miller
  • Christian Theriault found not guilty
  • Michael Theriault convicted of assault
Non-fatal injuriesDafonte Miller blinded in one eye
SentenceNine months in prison, 12 months' probation, and five-year weapons prohibition for Michael Theriault

Criminal charges and trial

Miller alleged that the assault was random, whereas the brothers alleged that Miller and one other person had broken into a truck near their home.[5] Miller was initially charged with assault and theft in connection with the incident—charges which were later dropped.[6] At trial, the court found that Miller and two friends were "essentially caught by Michael and Christian Theriault in the act of stealing items from the vehicle".[7][8]

Michael Theriault assaulted Miller with a pipe,[8] blinding him in one eye.[9][10] On the recommendation of Miller's lawyer, Julian Falconer, an investigation by Ontario's Special Investigations Unit began four months after the assault.[11][12] Following the investigation, the Theriaults were charged with aggravated assault and attempting to obstruct justice.[13][14]

The trial began in October 2019 and lasted two weeks.[15] Justice Joseph Di Luca of the Ontario Superior Court of Justice, sitting without a jury, conducted the trial in Oshawa.[2][16] On June 26, 2020, Michael Theriault was found guilty of assault—a lesser included offense of aggravated assault—and not guilty of attempting to obstruct justice.[14][2] Christian Theriault was found not guilty on all counts.[17]

Due to the COVID-19 pandemic, in a rare event and for the first time for the Ontario Superior Court, the verdict was read live over YouTube. Over 20,000 people viewed the live broadcast in which Justice Di Luca delivered his verdict.[9][18] Despite the live stream having been open and freely accessible online throughout the duration of the reading, the law still prohibited taking photos, screengrabs, or recordings of court proceedings. The media could not take pictures of or even rehost the YouTube stream.[18]

On November 5, 2020, Justice Di Luca sentenced Michael Theriault to nine months in prison with 12 months probation afterwards, noting the "sentence is substantial but it is not crushing."[3] The sentencing also includes a five-year weapons prohibition.[4]

Response

The case was highly publicized in Canada.[19] An editorial by The Globe and Mail stated that it "underlines concerns about systemic deficiencies in policing."[20] Jagmeet Singh, leader of the federal New Democratic Party, stated on Twitter that "[t]he violence perpetrated against Dafonte Miller is a painful example of police acting with impunity", and called for various reforms in response.[21]

On August 6, 2020 Toronto Police Service's interim police chief James Ramer issued an apology to Miller stating the TPS "made the wrong decision" when it failed to notify the province's police watchdog, as is required when there is serious officer-involved injury or death.[22] Chief Ramer, during a press conference, went on to say "[a]s a result of that decision, trust has been broken between the police, Dafonte Miller and the broader community. For that, on behalf of the Toronto Police Service, I want to apologize."[23] In addition to the apology, Chief Ramer changed the policy for the Special Investigations Unit to investigate such incidents regardless of whether a TPS member is on- or off-duty.[23] Miller did not accept the apology.[24]

John Struthers, president of Ontario's Criminal Lawyers' Association, said that "after a thorough and methodical review of the evidence" the judge could not conclude this was "street justice", and "the really critical thing to remember is that we cannot expect any specific case to be guided by, influenced by or poisoned by the current political climate".[25]

References
  1. Theriault at para 1.
  2. Theriault at para 335.
  3. "Toronto cop Michael Theriault will be sentenced in Dafonte Miller beating Thursday morning". thestar.com. November 5, 2020. Retrieved November 5, 2020.
  4. "Toronto police officer convicted of assaulting Dafonte Miller sentenced to nine months in prison". Retrieved November 5, 2020.
  5. Theriault at paras 2–3.
  6. Theriault at para 4 Archived September 23, 2020, at the Wayback Machine.
  7. R v Theriault, 2020 ONSC 3317 (Ontario Superior Court of Justice June 26, 2020).Paragraph 253.
  8. "Toronto Cop Guilty of Beating Black Teen with Pipe in Case Highlighting Issues of Race and Policing". National Post. June 26, 2020. Archived from the original on September 23, 2020.
  9. Cheung, Jessica (June 26, 2020). "Toronto police officer found guilty of assault, brother not guilty, in Dafonte Miller beating case". CBC News. Archived from the original on July 1, 2020. Retrieved July 1, 2020.
  10. Theriault at para 1.
  11. DiMatteo, Enzo (June 27, 2020). "Questions about Dafonte Miller beating shouldn't stop at guilty verdict against Toronto officer, lawyer says". Now. Retrieved July 1, 2020.
  12. Mukherjee, Alok; Harper, Tim (2018). Excessive Force: Toronto's Fight to Reform City Policing. Madeira Park, British Columbia: Douglas and MacIntyre. p. 214. ISBN 978-1-77162-183-0. OCLC 1027029570.
  13. Theriault at para 5
  14. Patton, Jessica (June 26, 2020). "Toronto Officer Found Guilty of Off-Duty Assault of Dafonte Miller, Judge Finds". Global News. Archived from the original on September 23, 2020.
  15. Bascaramurty, Dakshana (January 29, 2020). "Judge hears final arguments in case of Dafonte Miller's alleged beating". The Globe and Mail. Archived from the original on September 23, 2020. Retrieved July 2, 2020.
  16. "Dafonte Miller fends off questions about actions on night he was severely beaten". CBC News. November 8, 2019. Archived from the original on September 23, 2020. The judge-alone case is being heard by Justice Joseph Di Luca.
  17. Theriault at para 336.
  18. "More than 20,000 watch as off-duty Toronto cop Michael Theriault found guilty in unprecedented live stream". thestar.com. June 26, 2020. Retrieved November 5, 2020.
  19. Canadian National Railway Company v Doe, 2020 ONSC 3998 at para 6 – via CanLII. "Earlier this afternoon, the court released a decision in the highly publicized criminal proceedings against Const. Michael Theriault and Christian Theriault in relation to the beating of Dafonte Miller."
  20. Editorial Board (June 29, 2020). "The Dafonte Miller case reveals things that are wrong with the police, and right about our courts". The Globe and Mail. Archived from the original on September 23, 2020. Retrieved July 1, 2020.
  21. Jagmeet Singh [@theJagmeetSingh] (June 27, 2020). "The violence perpetrated against Dafonte Miller is a painful example of police acting with impunity. We need: systemic change, overhaul of use of force, full review of police spending, emphasis on de-escalation, investment in community programs instead of police" (Tweet) – via Twitter.
  22. "Special Investigations Unit -- The Unit". www.siu.on.ca. Retrieved November 9, 2020.
  23. Goodfield, Kayla (August 6, 2020). "'Trust has been broken': Toronto's interim police chief apologizes to Dafonte Miller, promises transparency". CTV News. Retrieved November 9, 2020.
  24. "Dafonte Miller, young Black man beaten by police officer, doesn't accept apology - CityNews Toronto". toronto.citynews.ca. Retrieved November 9, 2020.
  25. Hasham, Alyshah; Armstrong, Laura (June 26, 2020). "Despite 'compromise' verdict, legal experts praise judge's attention to anti-Black racism in Dafonte Miller case". Toronto Star. Retrieved November 7, 2020.
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