Closing arguments expected in assault trial of Toronto cop and brother

OSHAWA, Ont. — Closing arguments are expected to begin today in the trial of a Toronto police officer and his brother accused of beating a young black man three years ago.

Const. Michael Theriault was off duty when he and his brother Christian encountered Dafonte Miller in Whitby, Ont., in the early hours of Dec. 28, 2016.

The brothers are jointly charged with aggravated assault in the incident that caused Miller, then 19, to lose his left eye.

They are also separately charged with obstruction of justice for the way they described the incident to investigators. Both have pleaded not guilty to the charges.

Miller testified before the judge-alone trial last fall, saying he was badly beaten with a pipe and didn’t have an opportunity to fight back.

His lawyers have alleged outside court that race played a role in the attack.

Michael Theriault, who was last on the stand, acknowledged he hit Miller but said he did so only with his fist and out of self-defence.

He testified it was Miller who attacked him and his brother with a metal pipe or pole after the pair caught him and another young man stealing items from their parents’ truck.

Theriault said he chased Miller into a dark area between two homes and bodychecked him, his brother close behind. He testified that’s when Miller hit him with the pipe, adding his brother was also struck in the head.

Court heard Theriault never identified himself as a police officer, though he did later tell Miller that he was under arrest.

Miller has denied stealing from cars that night, telling 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.

This report by The Canadian Press was first published Jan. 29, 2020.

Paola Loriggio, The Canadian Press