‘What did I do?’
Math teacher who was mistaken for a burglar and arrested in his own home is now suing
Nicolae Gusita is a chatty substitute math teacher — a proud man quick to whip out high school yearbooks scrawled with accolades from students, or textbooks featuring formulas he wrote.
The senior, a Canadian citizen originally from Romania, leads a quiet life alone in a small beige house in Mimico.
It’s where he was at 9:15 p.m. on Monday, Sept. 24, 2012, about to take the compost to the backyard.
By 9:20 p.m., he was handcuffed and lying flat out on the floor at the home’s entrance, laid there by three Toronto police officers who’d entered with guns drawn.
“I felt deadly scared,” said Gusita, who has no criminal record. “I thought, ‘Who is going to attack me in my own house?’ ”
Gusita was the victim of a case of mistaken identity by the Toronto police, who took him to the ground and arrested him in his home under the false belief he was burglar. The confusion occurred because Gusita had turned on a flashlight inside his home to take the compost to the backyard, where there are no exterior lights. The house was otherwise dark because he tries to keep as many lights off as possible to conserve energy and money. A concerned passerby, spotting the flashlight in a darkened home, called police. Claiming abuse of power, assault, battery, negligent investigation and more, Gusita this week sued the three officers — Consts. Dave Alexander, Nitin Bhandari and Ryan Park — Police Chief Bill Blair and the Toronto Police Services Board for more than $3.6 million in damages. A statement of defence has not yet been filed. Sandy Murray, spokesperson for the TPS board, and Mark Pugash, director of corporate communications with the Toronto Police, could not comment on the specific case because it is before the courts. But Pugash said it is “not at all uncommon for claims made in civil litigation not to be proved.” The incident began with a radio call to the officers at 9:14 p.m., advising them of the report of a possible break-in. The caller mentioned there had been a string of burglaries in the neighbourhood. Three minutes later, the officers were outside Gusita’s home. Inside, Gusita suddenly heard the officers’ voices, who he claims were yelling, “Get out, get out.” He then heard: “Toronto Police, open the door.” According to the three officers’ notes — obtained through a Freedom of Information request by Gusita’s lawyer, Barry Swadron — Gusita complied and opened the door. The officers’ notes say he was clutching a cutting knife in his hand, so they drew firearms. Two of the officers later noted that Gusita told them he had a knife in hand “to peel his banana.” Gusita, who claims he is suffering from memory loss following the incident, does not believe he was carrying a knife, though he says he cannot be sure. He said he does not require the use of one to peel a banana. Swadron said in a statement to the Star that if Gusita were in fact holding a knife, he would be entitled to do so. “A person has the legal right to security in one’s own home. Furthermore, that person is entitled by law to take all reasonable steps to protect himself or herself against invaders — no matter who they are — including the presentation and use of a defensive weapon,” he said.
Gusita, who is five-foot-eight and has a thin build, put down the knife when asked, according to the notes. Bhandari then writes: “holster firearm and take (Gusita) to the ground.”
According to the notes, he then handcuffed Gusita behind his back and did a quick patdown search for further weapons.
Gusita claims in the lawsuit Bhandari was excessively rough, twisting his arm while pushing him to the ground, putting his knee on Gusita’s back after placing him under arrest.
“What are you looking for? What did I do wrong?” Gusita remembers asking. “I am the owner of the house.”
Officers asked for identification. Still handcuffed, Gusita referred them to his copy of Professionally Speaking, the Ontario College of Teachers magazine, labeled with his name and address.
Gusita alleges in the suit that he then sustained “two hammer-like blows to his left temple near his ear” from Bhandari’s closed fists.
The police officers’ notes do not indicate that occurred or that excessive force was used during the arrest.
Wanting to make sure no one else was in the house, two of the officers did a thorough search.
Satisfied that Gusita was the homeowner, they took off his handcuffs. Gusita was released unconditionally.
“Advise (Gusita) not to answer the door with a knife in his hand,” read Bhandari’s notes.
Swadron said the incident is an example of the police presuming guilt before inquiring.
“Mr. Gusita is a law-abiding citizen. No force was needed. Have the police forgotten how to ask a person who he is and what he is doing there?” he said in an email.
Gusita says the incident has left him with a litany of ailments, including back pain, loss of hearing and memory, and post-traumatic stress disorder.
Gusita has not filed a complaint to the Office of the Independent Police Review Director, which hears complaints about incidents that do not involve serious injury or death.
Swadron generally advises his clients not to complain to the police; it’s his opinion that internal police investigations often end favourably for the police, and a finding that a complaint is unsubstantiated could affect the outcome of a subsequent civil suit.
Among the errors made by the three officers outlined in Gusita’s claim is that they “failed to recognize that it is highly unlikely that a burglar would open the front door to the police.”
“Who the heck in the world, if you’re going to be a burglar, would open the door?” says Gusita.