A Toronto police officer facing charges of excessive force and discreditable conduct will return to court in October for a Toronto Police Service Disciplinary Tribunal.
Sgt. Eduardo Miranda made his first appearance at the tribunal on Tuesday. A disclosure was given to lawyer Peter Brauti, who represents Sgt. Miranda and it was determined that the next hearing date would be Oct. 31.
Miranda allegedly tasered and repeatedly stomped on what appeared to be, an unresponsive suspect who was laying face down on the pavement, during an arrest in January.
Miranda then allegedly ordered a constable to remove Waseem Khan, a man who witnessed and filmed the incident, from the scene and to confiscate his phone, even though he was legally allowed to record the incident.
Khan, who will be a witness at the disciplinary tribunal, brought the video straight to CityNews and then also filed a complaint on the officers’ conduct to the Office of the Independent Police Review Director (OIPRD).
Following the review, the OIPRD advised Chief Saunders to begin a disciplinary hearing for Sgt. Miranda. Penalties could include loss of pay, a suspension or even dismissal from the force.
Although there was no word on what the disclosure given to Miranda’s lawyer contained, Selwyn Pieters, lawyer for the victim, said it probably contained further evidence from the scene.
“I would imagine that the disclosure would be the material guarded by ORPID to further its investigation – which would also be photographs that other people took, a short video that someone else took and paper documents,” he explained.
On the morning of Jan. 24, a female officer responded to a call about a man spitting on an employee at a downtown homeless shelter. When the officer approached the suspect, 43-year-old Andrew Henry, she was allegedly punched. Construction workers jumped in to help.
Henry, who ended up facing nine charges, was tossed in the back of a cruiser, where he allegedly kicked out a window. That’s when its alleged officers dragged him back out onto the pavement and the allegations of excessive force began.