Supporters express anger and disappointment at verdict in Dafonte Miller case

Disappointment and anger among supporters of Dafonte Miller who gathered outside an Oshawa courthouse Friday with many calling the verdict further proof of discrimination in law enforcement and the justice system.

By News Staff

Disappointment among supporters of Dafonte Miller outside an Oshawa courthouse after Const. Michael Theriault was found guilty of assault but cleared of the more serious charge of aggravated assault in the 2016 beating that left him with a ruptured eye and other serious injuries.

The verdict, delivered amid ongoing protests against systemic racism and calls to defund the police, sparked outrage among many who called it further proof of discrimination in law enforcement and the justice system.

“I’m very upset, very angry. I thought our country was based on fair laws that treated all human beings equally,” said Walied Khogali, co-founder of the Coalition Against White Supremacists and Islamophobia.

“This takes a toll on you mentally, to see poeople getting brutalized without repercussions,” added Ashleigh-Rae Thomas, one of the protest organizers.

Miller, who was arrested as he lay bleeding on the ground and only saw the charges against him dropped months later, said the ruling does not feel like a loss.

“I remember the night it happened to me and I ended up getting charged. Now we’re in the situation where an officer has been held accountable to some extent,” Miller, now 22, said Friday afternoon.

“There’s a lot of people in my position who don’t get the same backing I got and don’t get to have their day to have any vindication for what they’re going through.”

Miller’s lawyer, Julian Falconer, said “important progress” had been made in the ongoing battle to hold authorities accountable.

“The force used that night by the Theriault brothers was found to have been more than likely intended to exact vigilante justice,” he said in a statement.

“The events of that night raise questions about the entire approach of the Toronto Police Service and the Durham (Regional) Police service in attempting to shield the Theriault brothers from being held to account for their actions. We have to put an end to this type of brutality and inevitable cover up.”

The assault conviction comes with a maximum sentence of five years. Aggravated assault would have carried a 10-year-maximum.

Still, Miller said he was grateful, thanking his supporters.

“I could have easily been convicted of one of those charges they put on me that night,” said Miller. “But instead I’m here today. So I don’t feel I took a loss. I feel like there is a long way to go and we just took a step forward.”

Falconer says the incident highlights a larger trend in policing, saying this was not a one-off but indicative of a systemic problem.

“As a lawyer at it for 30 years in the area of police accountability I can tell you with absolute certitude that the one hallmark of police abuse cases in every situation is that the victim of police brutality is the subject of the charge.”

He also called for a federal commission of inquiry to bring out the truth about beatings and killings of racialized and Indigenous peoples in police custody.

Falconer also questioned what role the father of the Theriault brothers – a Toronto police detective – played in the initial investigation and what he calls a cover-up by the two police forces in their failure to notify the Special Investigations Unit. The pair were found not guilty of obstruction of justice even though the provincial watchdog is supposed to take over cases where an interaction with police ends in death or serious injury.

“As chief I can’t deny that this matter will have an increased strain on a relationship between police and the community, specifically the Black community,” said Toronto police chief Mark Saunders.

Saunders says now that the criminal proceedings are over, three more investigations will continue including an OIPRD investigation being conducted by Waterloo Regional Police Service.

“We must acknowledge and respect the deep anger this event caused for many in our community. Sadly, we cannot undo events of the past, nor erase the suffering this incident inflicted on a young man and his family,” said Durham police chief Paul Martin. “We didn’t need a trial in this case to tell us something was broken in the system and we didn’t wait for a final court judgement to begin correcting those problems.”

He added that next month they will begin collecting race-based data and adding “duty to intervene” training to ensure officers call out bad behaviour.

“This is not an isolated incident, this is not about one bad apple. The ongoing victimization of racialized and Indigenous people as a result of police abuse and police violence is a systemic, chronic problem,” said Falconer.

The lawyer for the Theriault brothers did not comment on the verdict, saying the matter was still before the courts. He has 30 days to appeal the verdict.

Files from The Canadian Press were used in this report

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