Neptune Four officer testifies he was ‘scared’

Const. Scharnil Pais details his version of the 2011 arrest at police disciplinary tribunal

One of two Toronto police officers accused of unlawfully arresting four teens for assaulting a police officer at a public housing complex told a police disciplinary tribunal Tuesday that he was “scared” during the altercation.

Const. Scharnil Pais testified that he had been with the Toronto Anti-Violence Intervention Strategy (TAVIS) unit a little more than a month when he and partner Const. Adam Lourenco pulled into the parking lot of the Neptune Dr. complex in an unmarked van on a November evening in 2011.

Lourenco, who elected not to testify or present further evidence in the hearing, knew the area better than Pais, who had been with the police for four years at that point, Pais told the hearing.

On the ride over, Lourenco spoke of a history of firearms and drugs in the area, Pais said, and there had been an earlier briefing about two recent robberies in the police division that included the Lawrence Heights neighbourhood.

None of the four Black teenage boys — aged15 and16, two of them twin brothers — the officers spotted outside the Neptune Dr. complex matched descriptions of those wanted in the robberies, Pais said. Part of the drill that night was to enforce the Trespass to Property Act on Toronto Community Housing Corporation property.

The uniformed officers got out of the van to do just that, Pais said, and things quickly escalated into an arrest involving Lourenco pulling out his firearm and a call for backup, most of which was captured on a soundless security cameras, and became known as the case of the Neptune Four.

Pais described his version of events for his lawyer, Joanne Mulcahy, and broke down images from the video, including the point where Lourenco tries to arrest one of the teens after he refused to identify himself and allegedly swore and spat at Lourenco, which the teen denied earlier in the hearing.

“I hear someone yelling, ‘That’s my brother,’ ” Pais said.

“‘Yo, what the f---, don’t touch my bro … you can’t do that.’ ” Pais testified two of the teens moved toward Lourenco and the teen being arrested. Pais struggled, successfully, to keep them back.

Pais testified Lourenco also struggled to handcuff the teen and pulled out his firearm at one point. Once he had control of the other three — one on his stomach, the other two refusing to assume that position but sitting down — Pais called for backup and then helped Lourenco handcuff the teen. Asked by Mulcahy what he was thinking, Pais, who was born in India and came to Canada at age15 and described himself as a person of colour at the hearing, said he’d never seen anything like it.

“It was the first time. I was scared. It was a shock. I would never expect anyone to go after an officer like that,” Pais said. “They were planning on attacking Lourenco. They were attacking Lourenco.”

The four teens, who all lived at the complex and were on their way to an after-school program, said they were trying to exercise their rights by refusing to comply with demands to identify themselves. They launched a complaint with the Office of the Independent Police Review Director.

An investigation led to the charges now before the police tribunal. Pais and Lourenco are charged with unlawful arrest. Lourenco faces two additional charges of disorderly conduct for allegedly using unreasonable force. One of the teens withdrew from the complaint and is not part of the hearing.

The hearing has heard different accounts of what was said that night.

Pais said he did not hear his partner threaten to kill the boys, or call one names, such as “bitch” and “thug,” or say “you’re going to jail tonight.”

He denied that the police cruiser door was twice closed on the legs of one of the arrested teens by Lourenco, but did acknowledge there was some difficultly closing the door.

“It was a very tight fit” getting the teen into the cruiser, he said.

Pais said all of the teens were swearing that evening, contradicting their testimony, and that he believed he had good reason to make arrests.

He also testified he noticed Lourenco had a cut thumb following the arrest and his partner seemed confused as to how it happened. Pais said he did not see Lourenco cut his thumb on his utility belt on purpose and then yell, “Assault,” as alleged by the teens.

Under cross-examination by the police prosecutor, Insp. Domenic Sinopoli, Pais said he saw Lourenco strike the teen he was arresting. “I observed one strike to his midsection, to his torso. It was a punch.”

Acrowd can be seen gathering on the surveillance video following the arrest. Youth and support workers in the area have said the incident damaged police efforts to improve relations with the Lawrence Height community.

TAVIS has since been mothballed.

The hearing, held under the Ontario Police Services Act, is scheduled to continue Wednesday before the police adjudicator, Supt. Richard Hegedus.