thats assault brother

Thats Assault Brother - Toronto police officer found guilty of assault, brother not guilty in Dafonte Miller beating case | News loaded

A Toronto police officer has been found guilty of assault in the beating of a young black man more than three years ago, while his brother has been acquitted of all charges.

Thats Assault Brother

Michael Theriault was convicted of assault Friday but pleaded not guilty to aggravated assault or obstruction of justice in connection with the Dec. 28, 2016, incident involving Dafonte Miller that left him blind in an eye

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Ontario Superior Court Justice Joseph Di Luca said the case, and others like it, "raise important issues around race and policing that should be considered further."

But he said his job wasn't to hold a public inquiry into race and policing or make the decision the public was looking for — it was to make the case based on the evidence.

While a decision like this usually comes in court, the ongoing COVID-19 pandemic led to the hearing being streamed live on YouTube, with more than 19,000 viewers watching.

Judge Joseph Di Luca, left, issues his ruling in the trial of Michael Theriault, center, and his younger brother Christian Theriault, right, during a video conference Friday. (Pam Davis/)

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After the judge's decision, Miller, now 22, and his mother held a press conference to show appreciation for the community that supported them.

"It's meant a lot to me these past few years," he said. "It helped me move forward."

"Now, we're in a situation where an officer has been held responsible to some degree," adding that he wants to continue to raise awareness for those in his position, but who don't have the resources and support he had.

"There are a lot of people in my position who don't have the same support that I had and don't have the opportunity to really have any say in what they're going through."

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Dafonte Miller Speaks After Judge's 2016 Ruling Overturns Case 3 Years Ago Duration 1:09 "I want to show appreciation for the community that supports me... It's helped me move forward. We've come a long way," Dafonte said Miller at a news conference with his lawyers on Friday.

Michael Theriault is currently on suspension with pay, Toronto police spokeswoman Meaghan Gray said in an email before the verdict.

When asked if the officer will be able to work on the force again, Sanders said, "I'm not going to answer that."

"If you start saying things about the outcomes or the expectations that you believe, then you're not giving the judicial process a fair chance."

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Community members gathered outside the Durham District Court in Oshawa, Ont., holding signs that read "Conviction the Theriault brothers" and "Arrest the cops!" (Evan Mitsui/)

"As a leader, I cannot deny that this issue will have increased tension between the police and the community, especially the black community, especially those who have been discriminated against in the justice system or by the police," he said.

Mike McCormack, president of the Toronto Police Association, would not comment on the ruling, saying "the matter is still before the court pending a decision."

Michael Theriault, who was off duty that night in 2016, and his younger brother, Christian, both pleaded not guilty, telling the court that Miller attacked them that night and that they were defending themselves, making a case of self-defense.

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Di Luca called the self-defense plea "flimsy" during his reign and said: "They probably hit Mr. Miller."

Miller, who was 19 at the time of the incident, said he was walking down a residential street in the morning in Whitby, Ont. — more than 50 kilometers east of Toronto — with two friends. He testified that the brothers, who were at his father's house, came out and questioned him. He told the court he ran and the Theriaults chased him, trapping him between two houses.

He said he was hit, punched, kicked and had an object thrown at him. He made his way to the front of a house and knocked on the door for help, but the pounding continued.

Homeowner James Silverthorne, a district chief with the Toronto Fire Department, was a Crown witness. He said he woke up even before he knocked on the door to the sound of the scream.

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He said later, when the men had moved to the front of his house, he saw a man holding an object and stabbing it to keep the man on the ground to get up.

Theriault, left, and his brother were acquitted of charges of aggravated assault and obstruction of justice. (Lisa Xing/)

The Theriault brothers told the court they caught Miller and one of his friends breaking into their parents' vehicle and were trying to arrest them.

They testified that once they pulled him in, Miller was the one with the pipe and was hitting them.

He's A Fighter'

Di Luca called Michael Theriault's failure to identify himself as a police officer until much later in the incident "inconceivable" and "diegetic."

"To get caught," DiLuca said, "I would expect the first thing out of Michael Theriault's mouth as he chased after Mr. Miller wearing only socks would have been 'Stop...you're under arrest...a police officer,'" or words about this purpose."

"Overall, I am satisfied that Michael Theriault's original intent was not to arrest. He was likely to grab Mr. Miler and assault him."

Ontario Superior Court Justice Joseph Di Luca, center, reads his decision via video conference, with both councils and the Theriault brothers, center right, in attendance. (Pam Davis)

Retracing The Route To Freedom

Michael Theriault admitted in court that he punched Miller repeatedly, as hard as he could, trying to disarm him. He said he and his brother fear for their lives.

The accounts presented by Miller and his attorney "are not similar to what actually happened," their filing states.

Prosecutors said that although Miller was breaking into cars, the severe beating that caused him to lose his left eye was not justified.

The case drew attention to issues of anti-Black racism and police brutality, sparking demonstrations in solidarity with Miller and his family.

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Protesters sporting T-shirts reading "Justice for Dafonde" gathered outside the Oshawa Ont. courthouse even though the hearing did not take place.

Members of the Durham Black Accountability Coalition held a rally outside the courthouse in Oshawa, Ont., to support Miller and his family. (Evan Mitsui/) Protesters hold a sign reading "Justice for Dafonte" outside Oshawa Ont. court on Friday as a judge makes his decision in the trial of Michael and Christian Theriault. (Evan Mitsui/)

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