The Guardian (USA)

Toronto policeman jailed for beating black man who lost an eye

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A Toronto police officer has been sentenced to nine months in jail for his assault conviction 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 on 28 December 2016, 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 incident and its aftermath. The judge convicted the officer and acquitted his brother in June.

“The racialised context in which the offence took place cannot be ignored,” superior court justice Joseph Di Luca said in delivering his sentence.

He said he also considered the officer’s high chance of rehabilita­tion and the conditions he will face in jail.

Di Luca also sentenced Theriault to 12 months of probation following his jail term, along with a five-year weapons prohibitio­n.

Prosecutor­s had sought a jail term of 12 to 15 months and several other restrictio­ns for Theriault. Defence lawyers asked for an absolute discharge or suspended sentence.

Miller laid out the lasting impact the incident has had on his life in a statement that prosecutor­s read to the court in September. In it, he said the encounter permanentl­y altered his view of police, adding that he had never previously experience­d an abuse of power to that degree.

“No one questioned him. Only I was worthy of suspicion ... Because of the colour of my skin,” he wrote.

 ?? Photograph: Andrew Francis Wallace/Toronto Star/Getty Images ?? Dafonte Miller arrives at Durham Region Courthouse in Oshawa where Toronto police officer Michael Theriault and his brother, Christian Theriault, were on trial for aggravated assault.
Photograph: Andrew Francis Wallace/Toronto Star/Getty Images Dafonte Miller arrives at Durham Region Courthouse in Oshawa where Toronto police officer Michael Theriault and his brother, Christian Theriault, were on trial for aggravated assault.
 ?? Photograph: Steve Russell/Toronto Star/Getty Images ?? Michael Theriault, later convicted of assaulting Dafonte Miller, arrives at the court house with his mother.
Photograph: Steve Russell/Toronto Star/Getty Images Michael Theriault, later convicted of assaulting Dafonte Miller, arrives at the court house with his mother.

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