Read on Twitter
In a few moments, Ontario Superior Court Justice Di Luca will sentence Toronto police officer Michael Theriault, convicted of assaulting Dafonte Miller. I'll provide updates here. https://www.thestar.com/news/gta/2020/11/05/toronto-cop-michael-theriault-will-be-sentenced-in-dafonte-miller-beating-thursday-morning.html
In a statement last night, Miller said: “This has been a long journey for me and my family and I’m grateful that we are coming to the end of these proceedings." He has asked the judge for "real jail time."
Theriault is out on bail currently, and is suspended with pay from the Toronto police service. If he is sentenced to jail today, he may not go to prison immediately due to pending appeals of this verdict, both by the Crown and the defence. See more here: https://www.thestar.com/news/gta/2020/11/04/judge-to-decide-thursday-if-toronto-cop-michael-theriault-gets-jail-time-in-dafonte-miller-beating.html
In June, Justice Di Luca found Miller was the victim of a “one-sided,” violent beat-down at the hands of Theriault and convicted him of assault, but acquitted him and his brother Christian Theriault of aggravated assault and attempting to obstruct justice. https://www.thestar.com/news/gta/2020/06/26/judgment-in-dafonte-miller-beating-case-to-be-streamed-live-friday-morning.html
Justice Di Luca now beginning his reasons for sentencing. Notes the sentence that he imposed cannot turn back the clock to avoid a violent encounter that changed the life of Mr. Miller and Mr. Theriault.
Di Luca said sentencing is not an exercise of vengeance, and it is not done by plebiscite. It must be done through the balanced application of legal principles. He must not be granted lenience because he is a first time offender.
"Serious offences warrant serious punishment, even when they are committed by otherwise law abiding people."
Di Luca summarizing Miller's victim impact statement, which said he has become withdrawn, suffers headaches and bickers with his family about minor things.
Di Luca also summarizing community impact statements, including from the Black Action Defence Committee, which said this case is a further example of the trauma that has been inflicted on the Black community.
Di Luca reviewing Theriault's circumstances, incl strong family support, relative youth, unmarried and has no dependants. He remains employed by Toronto police, though the viability of that employment depends on this case. Letters of support describe Theriault in "glowing terms."
Di Luca reviews Theriault's statement from sentencing submissions in September (story here: https://www.thestar.com/news/gta/2020/09/25/toronto-cop-michael-theriaults-sentencing-begins-friday-for-assault-in-the-beating-of-dafonte-miller.html)
Theriault said he never intended to seriously hurt Miller, but that does “not change the fact that I am so sorry that he was severely and permanently injured.”
Theriault said he never intended to seriously hurt Miller, but that does “not change the fact that I am so sorry that he was severely and permanently injured.”
Theriault also said back in September that he’d been “vilified, called a racist and put forward as an example of another police officer abusing his position and targeting a young black man for no reason.”
“That is not who I am."
“That is not who I am."
Di Luca reviewing sentencing principles, including in cases of police violence. The fact that an offence was committed by an off-duty police officer doesn't necessarily change the fact that a sentence should potentially be more severe because the offender is a police officer.
Di Luca discussing racial aspects and context of this case. Noting systemic racism has undoubtedly affected the relationship between police and the Black community. Di Luca mentions this in the context of the sentencing principle of denunciation.
Di Luca reviewing what the parties have asked for in this case: Crown has asked for 12-15 months in jail, while defence says this is not a case where a jail sentence should be applied. Theriault's lawyer has asked for absolute discharge or a suspended sentence.
Di Luca mentions this recent case and the "thoughtful" decision from Justice Pomerance, noting the case does have "contextual similarities" and sentencing principles applicable in this case. https://london.ctvnews.ca/officer-sentenced-to-a-year-in-prison-in-death-of-indigenous-woman-1.5113391?cache=esojovbbggirjp
Di Luca reviewing aggravating and mitigating factors. Aggravating factors include the fact that Miller was very badly injured and bleeding. It should have been obvious that Miller was in retreat and seeking help at the time of the assault, judge says.
As he noted in his June decision, Di Luca said the use of the metal pole is an aggravating factor, though he notes he did not find the pole was the cause of the eye injury.
Mitigating: he's young, this is his first offence, poses a low risk of future offence. He's also been "vilified in the press." His career as a police officer is likely over. The initial narrative about what happened in this case was disproven at trial but will likely live on.
Di Luca say this is a case that calls for a strong denunciation and it needs to deter others from committing other serious sentences.
Di Luca says nothing short of a jail sentence will provide the denunciation required in this case.
Di Luca now discussing whether a conditional jail sentence is a possibility in this case.
"In my view, a conditional jail sentence is not appropriate in this case."
Di Luca: a jail sentence conveys a message about the gravity of an offence.
Now turning to the length of jail sentence.
Now turning to the length of jail sentence.
Di Luca concludes nine months in jail is necessary for Theriault.
"This sentence is substantial but it is not crushing."
"This sentence is substantial but it is not crushing."
BREAKING: An Ontario judge has sentenced Toronto police officer Michael Theriault to nine months in jail for the assault of Dafonte Miller.
He will be placed on probation for 12 months afterward. Asks Theriault to stand.
"Mr Theriault, you committed a serious, violent offence," which has long consequences for Miller, himself and his family.
Tells Theriault his life should not be defined by this.
"Mr Theriault, you committed a serious, violent offence," which has long consequences for Miller, himself and his family.
Tells Theriault his life should not be defined by this.
Di Luca's final words: "Mr. Theriault, good luck sir."
As noted in yesterday's story, Theriault's lawyers have applied for bail pending appeal - meaning Theriault would not start his jail sentence today but instead it will wait until the Crown and defence appeals of Di Luca's verdict are dealt with https://www.thestar.com/news/gta/2020/11/04/judge-to-decide-thursday-if-toronto-cop-michael-theriault-gets-jail-time-in-dafonte-miller-beating.html
That decision is expected from the Court of Appeal this afternoon.
Miller was not present in court today (neither was I as media were granted access via Zoom). His family and lawyers are scheduled to hold a press conference this afternoon to provide reaction to the news Theriault has been sent to jail for 9 months.
This does mean that after 3+ years being suspended with pay, Theriault will no longer be paid by the Toronto police service. A tribunal will later determine whether he will keep his job as a police officer.
On the call now with Dafonte Miller's lawyer Julian Falconer, who has called the reasons in this case "groundbreaking."
The sentence imposed, 9 months in jail, is not going to give Dafonte his eye back or take away his fear of police, he said.
The sentence imposed, 9 months in jail, is not going to give Dafonte his eye back or take away his fear of police, he said.
The 9 months "will never bring closure for a young man who's life was forever changed" by Theriault's beating. What Di Luca has accomplished is to show the community & the justice system, including other judges, that you can take the racial context into sentencing considerations.
Asha James, also Miller's lawyer, echoes Falconer's comments that Di Luca's decision is groundbreaking in terms of the racial context being considered. Said Dafonte and his family are grateful for the work of the Crown lawyers and for Di Luca's decision.
Falconer says this is "ought not to be over." The public should be asking for "serious accountability" including why and how it happened that the SIU was notified about Miller's injuries.
Good policing is tainted by what this is: bad policing across the board, Falconer said.
Good policing is tainted by what this is: bad policing across the board, Falconer said.
Falconer: "Dafonte is grateful that he was heard... Dafonte feels like he had a voice." He has objections with some of the judge's decisions and the acquittal of Christian Theriault, but they welcome the decision - "it was the right thing to do."
Toronto police have just issued a statement responding to Theriault's sentencing.
"Today’s outcome does not change the life-altering injuries sustained by Mr. Dafonte Miller," said Interim Chief James Ramer.
"Today’s outcome does not change the life-altering injuries sustained by Mr. Dafonte Miller," said Interim Chief James Ramer.
Ramer: "This case has created a further divide between the police and the Black community, especially those who have lived experiences of discrimination in the justice system or by police. We will continue to take the steps necessary to rebuild trust with our communities..."
Toronto police note since this incident, the force has "changed the process to ensure the SIU is notified in all cases where a police officer has been involved in an incident that results in serious injury, whether the incident occurred on or off duty."
Ontario law already required that 
at the time of Theriault's assault on Miller.
From OIPRD report in August: “The legislation does not distinguish between on-duty and off-duty conduct." https://www.thestar.com/news/gta/2020/08/07/dafonte-miller-set-to-discuss-toronto-police-apology-results-of-independent-review-at-friday-news-conference.html
at the time of Theriault's assault on Miller.From OIPRD report in August: “The legislation does not distinguish between on-duty and off-duty conduct." https://www.thestar.com/news/gta/2020/08/07/dafonte-miller-set-to-discuss-toronto-police-apology-results-of-independent-review-at-friday-news-conference.html
