Link to livestream of Dafonte Miller verdict (Michael and Christian Theriault accused of beating the crap out of him with a pipe).
TL: DR (DW)
MT (off-duty cop) guilty of assault (assault with a weapon not before the court so using the weapon will be considered an aggravating factor at sentencing)
CT (cops brother) not guilty of assault
MT and CT not guilty of obstruction of justice (probably did, but there is reasonable doubt)
July 15 court date to discuss court dates for scheduling. (the system is broken, wtf).
EDIT:
Damn that was dry but interesting.
Chase lasted more than 10 seconds (140m run), MT stuck with "I didn't have time to identify myself", "I didn't have time to state he was under arrest"
Discussion on credibility of witnesses:
Michael Theriault: Accepted some of his testimony. Rejected main points (intent, how pipe appeared, what happened during the fight, etc)
Christian Theriault: Accepted some of his testimony. Rejected main points (how pipe appeared (4' long pipe from DM pants), 911 call sounds like a vigilante not self-defense)
Dafonte Mille: Credibility problems. Significant points are false even in the face of contrary evidence. Accepted some of his testimony (GG: Interesting that judge reversed the order here with bad before good vs cops good before bad).
Mr Jack: Rejected most or all of his evidence
Mr Good: Credible witness
James Silverthorn: Honest, objective, logical
Factual findings:
They were likely breaking into cars.
DM changed testimony re: breaking into cars, smoking pot, seeing MT and CT drinking,possession of a flashlight, gloves, etc. Basically he tried to present himself as a choir boy when he was clearly taking part in illegal activities. DM was in possession of CT's sunglasses.
MT and CT heard break in from inside garage and went out to investigate.
Metal pipe cannot be tied to MT garage. DM was not running with the pipe. Reasonable possibility that it came from MT garage. Also reasonable that it came from the fight area. MT evidence on how the pipe appeared (DM grabbed it as he was tackled) was completely rejected.
MT and CT collusion not proven.
Crown argues that MT and CT were administering street justice and only attempted to arrest once DM called 911 well into the beating. Judge is very unhappy with MT delivering a beatdown with no attempt at identification. DM tries to get help at a house. MT grabs a metal pipe and chases DM down, no attempt to call for help. "I am satisfied MT was not attempting to effect an arrest, he was delivering retribution".
DM had been caught in the act and was running. He didn't want to get caught for fear of a beating or arrest. Possibility that DM had the pipe at some point.
CT piled in and put DM in a headlock while MT was hitting DM "as hard and as fast as he could". After that DM was basically helpless and getting a two-man beatdown. The eye/nose injury happened after this beatdown (no blood where initial struggle happened). Injury happened as DM was trying to get away. MT and CT re-engaged DM and popped his eye (likely by a punch even though punches, kicks and pipe hits were likely happening).
MT and CT chased DM down and hit him with the pipe when he got to the front door of a house and was trying to get help. They continued to hit him multiple times with the pipe while at the door.
Findings:
MT initial hit was probably an assault but cannot be proven beyond a reasonable doubt
Reasonable doubt as to origin of pipe. No finding with respect to introduction.
DM reasonably thought he would be assaulted as there was no indication that an arrest was happening. There may have been a self-defense component on either side.
Fight quickly turned one-sided with MT and CT possessing the pipe.
Reasonable doubt about first stages of fight. Judge clearly states they were beating him on purpose but he can't convict on his thoughts.
After DM runs away and is attacked again, self-defense is out and it was a clear assault. Eye injury probably happened in the section of the fight that could possibly be self-defence.
Police did a pretty crap job questioning MT and CT. Cursory questioning with little detail.
TL: DR
MT guilty of assault (assault with a weapon not before the court so using the weapon will be considered an aggravating factor at sentencing)
CT not guilty of assault
MT and CT not guilty of obstruction of justice (probably did, but there is reasonable doubt)
www.cp24.com
toronto.citynews.ca
