Toronto Police Chief Mark Saunders has asked the Waterloo Regional Police Service (WRPS) to conduct an independent investigation into the alleged assault of a 19-year-old man by an off-duty police officer, in addition to the way in which that incident was reported to Ontario’s police watchdog.
During a private meeting of the Toronto Police Services Board (TPSB) Thursday, members received an update on the alleged assault of Dafonte Miller, which took place in Whitby, Ont., on Dec. 28, 2016. Toronto police Const. Michael Theriault was charged July 18 in connection with the incident.
Miller was allegedly chased down and beaten with a steel pipe in the incident and was taken to hospital with serious injuries including a broken jaw, nose and wrist. He is currently waiting to undergo surgery in order to remove his left eye, which was irreparably injured in the incident.
READ MORE: Toronto police chief denies ‘cover up’ in alleged ‘violent attack’ by off-duty officer
Civilian Christian Theriault, the officer’s brother, was also charged in the same incident. Both Theriaults are currently jointly charged with aggravated assault and assault with a weapon, and are facing individual charges of public mischief.
Miller’s lawyer, Julian Falconer, said Wednesday he had informed the Special Investigations Unit (SIU) of the case four months after it happened, after Toronto and Durham police officers failed to do so.
As the TPSB moved to the public portion of its meeting Thursday afternoon, Saunders read a written statement and spoke to the delay in reporting the incident to the SIU.
“As per protocol, members of my Professional Standards Unit applied the policy regarding SIU involvement with the facts they had at that time. They made their decision not to contact the SIU based on that information,” Saunders said during Thursday’s Toronto Police Services Board meeting.
“Many months later, a very different version of the events of December 28, 2016 has been presented to the SIU which required their involvement.”
Saunders said after the SIU completes an investigation, Toronto police would normally conduct a separate investigation into how the case was handled. But “in light of the circumstances,” Saunders said he asked the WRPS to conduct that investigation.
READ MORE: More charges laid in case of alleged assault involving Toronto police officer
He said they will now look at procedures, policies, governance and conduct issues as it relates to how the investigation was handled. Saunders said the report will be forwarded to the TPSB and released to the public “as soon as legally possible.”
TPSB Chair Andy Pringle called Dafonte Miller’s case “complicated” and said everyone is taking the allegations “seriously.” He said the board supports Saunders’ decision to have a third party police service conduct the investigation.
“The legal process must unfold which means there will be a trial and the outcome of those proceedings will, of course, be public,” Pringle read from a statement.
“We must all respect that process and once it is completed, the Board will, as it now does with all such reports, release a public Section 11 investigation report.”
The comments come after Julian Falconer, Miller’s lawyer, accused police Wednesday of trying to “cover up” the “violent” incident.
“In my 28 years as a lawyer I have never seen such a gratuitous, senseless, violent attack by a police officer,” Falconer said, describing Const. Theriault as a “very violent rogue officer.”
“No one, as far as I’m concerned, provided an explanation for how this could’ve happened … There are only two words that described what’s occurred here and that’s cover up.”
Meanwhile, activist and journalist Desmond Cole addressed the Miller case during a delegation to the TPSB. He called for Saunders’ resignation and questioned why the incident involving Miller wasn’t up for public discussion.
“What are we paying you guys to be here for if not to discuss something of extreme public interest? Why are you not opening this conversation up to the public? Why are you doing this?” Cole questioned while talking about Toronto police’s decision not to report the incident involving Miller to the SIU.
“Chief Saunders, I don’t know how you can abide by this. I think you should resign. I don’t know how you could excuse these behaviours. How could you be so cold to the pain that we are experiencing?”
However, before Cole spoke Chair Andy Pringle told delegates they were to only speak on the topic they were registered for. Pringle said there would be a future opportunity to address the Miller case, but Cole continued to speak to the TPSB. Moments later, Pringle adjourned the meeting.
WATCH: Desmond Cole speaks at Toronto Police Services Board, gets escorted out of building
Cole sat in the meeting room for several minutes before he was removed from Toronto Police headquarters by officers.
“They issued me a ticket for trespass to property because they asked me to leave the police services board meeting and I refused to do so,” Cole told reporters outside of the building, adding he was also fined $65.
“I’ve been told that I’m not to come back to 40 College St. where we are standing … I was told that if I do return, I will be arrested.”
With files from Adam Miller, Mark Carcasole and Ryan Rocca
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