多伦多——2016年,一名多伦多警官因殴打一名年轻黑人男子而被判有罪,这名黑人男子在被捕时失去了一只眼睛。
检察官指控当时不当班的警员迈克尔·瑟里奥特和他的兄弟克里斯蒂安在清晨追逐达丰特·米勒,将当时19岁的他夹在安大略省惠特比的两所房子之间,用烟斗狠狠地打了他一顿,致使他的左眼爆裂。
对于与2016年12月28日事件及其后果有关的严重袭击和妨碍司法公正,特瑞奥特夫妇拒不认罪。法官判定该官员有罪,并宣告其兄弟无罪。
安大略高等法院法官约瑟夫·迪·卢卡星期五宣布了他的判决。迈克尔·特瑞奥尔特将在晚些时候被判刑,面临最高5年的监禁。
米勒感谢社区的支持。
“现在,一名官员在某种程度上被追究了责任,”他说。“在我的位置上,有很多人没有得到和我一样的支持。”
米勒的律师朱利安·法尔科内说,米勒似乎和他的兄弟一样受到审判。法尔科内说,这一切都是从一起多项指控的案件开始的,包括使用武器、持有毒品以及对米勒的其他指控。他说他的委托人不应该被用来对付他或者失去他的眼睛。
“一个人遭受了灾难性的伤害——他的左眼球在一辆汽车的引擎盖上,他的眼睛的一部分实际上漏到了汽车的引擎盖上——在两个没有任何可见伤害的人的手里,这是怎么发生的,这两个人可能会成为多项犯罪指控的对象,而达勒姆服务机构的任何成员都不会对此提出质疑?”法尔科内说。
法尔科内称这是一种掩饰,因为达勒姆警方和多伦多警方没有联系内部事务。他敦促联邦调查警察殴打黑人和土著加拿大人的事件。
“这不是一个孤立的事件。这不是一个坏苹果的问题。这种情况正在北美发生,”福尔科内说。"这是一个系统性的慢性问题。"
辩护律师认为,兄弟俩抓住了米勒和他的朋友闯入一辆汽车,并采取自卫行动,声称米勒是一个挥舞着烟斗的人。
在宣读他的决定时,迪卢卡说,他注意到了围绕此案的社会背景。他说,这个案件和其他类似案件“提出了涉及种族和治安的重大问题,应该进一步研究”。
但法官表示,他的任务不是对种族和治安进行公开调查,也不是发布公众寻求的裁决,而是根据证据来决定案件。
现年22岁的米勒去年秋天作证,否认那天晚上偷了汽车。
他告诉法庭,他和两个朋友出去散步时,特瑞奥特夫妇开始询问他们为什么会在这个地区。他说当他和他的朋友走开时,兄弟们开始追他。
米勒说他没有机会反击,只是回忆起看到迈克尔·瑟里奥特拿着烟斗的情景。
该案件激起了黑人生活组织成员和其他反种族主义活动人士的抗议。
多伦多警察局局长马克·桑德斯说:“作为局长,我不能否认这件事会增加警察和社区之间的压力,尤其是黑人社区。”。
“达丰特·米勒受到了改变一生的伤害。他失去了他的眼睛。”
桑德斯说,他无法评论这名官员是否会继续留任,因为内部调查将在上诉程序结束后继续进行。该故障已被带薪暂停。
Toronto cop convicted in beating of Black man who lost eye
TORONTO -- A Toronto police officer has been found guilty of assault in the beating of a young Black man who lost an eye when he was arrested in 2016.
Prosecutors alleged Constable Michael Theriault, who was off duty at the time, and his brother Christian chased Dafonte Miller in the early hours of the morning, cornering the then 19-year-old between two homes in Whitby, Ontario, and beating him so badly with a pipe that his left eye burst.
The Theriaults pleaded not guilty to aggravated assault and obstruction of justice in relation to the Dec. 28, 2016, incident and its aftermath. The judge convicted the officer and acquitted his brother.
Ontario Superior Court Justice Joseph Di Luca delivered his verdict Friday. Michael Theriault will be sentenced at a later date and faces up to five years in jail.
Miller thanked the community for support.
“Now an officer has been held an accountable to some extent,” he said. “There's a lot of people in my position who don't get the same backing that I got.”
Miller's lawyer, Julian Falconer, said Miller seemed to be as much on trial as the brothers. Falconer said it all started as a case with multiple charges including use of a weapon, drug possession and other charges against Miller. He said his client didn't deserve to have a steel pipe used against him or to lose his eye.
“How did it happen that a person who suffers catastrophic injuries — his left eyeball on the hood of a car, parts of his eye actually leaking on to the hood of car — at the hands of two people who had no visible injuries whatsoever could up the subject of multiple criminal counts without any members of the Durham service questioning it?” Falconer said.
Falconer called it a cover-up because the Durham police and Toronto police didn't contact internal affairs. He urged a federal inquiry into police beatings of Black and Indigenous Canadians.
“This is not an isolated incident. This is not about one bad apple. This is happening across North America,” Falconer said. “It is a systemic chronic problem.”
Defense lawyers argued the brothers caught Miller and his friends breaking into a vehicle and acted out of self-defense, alleging Miller was the one wielding a pipe.
In reading his decision, Di Luca said he was mindful of the social context surrounding the case. The case, and others like it, “raise significant issues involving race and policing that should be further examined,” he said.
But the judge said his task was not to conduct a public inquiry on race and policing or to deliver the verdict sought by the public, it was to determine the case based on the evidence.
Miller, now 22, testified last fall and denied stealing from cars that night.
He told the court he was out walking with two friends when the Theriaults started questioning them about why they were in the area. He said the brothers began chasing him when he and his friends walked away.
Miller said he didn’t have a chance to fight back, and only recalled seeing Michael Theriault with the pipe.
The case has spurred protests by members of Black Lives Matter and other anti-racism activists.
"As chief, I can’t deny that this matter will have an increase strain between police and the community, especially the Black community,” Toronto Police Chief Marc Saunders said.
“Dafonte Miller received a life-altering injury. He lost his eye.”
Saunders said he could not comment on whether the officer will keep his job as internal investigations will continue after the appeal process. Theriault has been on paid suspension.