Second TPS officer pleads guilty to misconduct in case of racially-charged mistaken identity

A second Toronto police officer had admitted to misconduct after a university student was thrown to the ground and tasered five times in a racially-charged case of mistaken identity.

In the summer of 2021, Hasani O’Gilvie was walking through the parking lot of York Plaza at Jane Street and Wilson Avenue when he was stopped and detained by Toronto Police Sgt. Rachel Saliba.

Saliba, a 17-year veteran of the force pled guilty to unlawful or unnecessary exercise of authority stemming from that incident at a police tribunal hearing Tuesday morning.

According to an agreed statement of facts, Saliba mistook O’Gilvie for a black man with a similar description and a violent history.

The lawyer representing O’Gilvie, David Shellnut, said his client, who is a Black man and a U of T student, was heading to an exam before the incident.

“He said who he was but she didn’t believe him. She drew her taser and escalated the situation … He was taken to the ground by three officers minutes after being approached by them. He was tasered 5 times and a knee put across his neck. Even there it remained after he was cuffed. It is a shocking case wherein a member of the public was met with unnecessary use of force,” said Shellnut in a press conference Tuesday.

The tribunal heard that Saliba searched O’Gilvie’s backpack, finding two pieces of ID showing he wasn’t the suspect they were looking for.

Despite that, he was still put in the back of a police cruiser without being told why he was still being held.

Shellnutt said because of the assault, O’Gilvie has suffered from Post-Traumatic Stress Disorder and has been off school for the past two years.

O’Gilvie’s mother, Christine Stought-O’Gilvie, was emotional at the press conference. “Every time I hear the facts recounted, as a mother naturally, I would react to the fact that what happened to my son just totally unjustified.”

“My son, by nature, is an introverted young man, very quiet, lover of nature … so you can imagine what this trauma has done for him. He has receded more into himself. We thank God for advocates like Dave and his team and the support we have gotten. He’s showing signs of healing, but he certainly had receded more into himself immediately after the incident,” said Stought-O’Gilvie.

She added she felt it was important to share her son’s story. “We know it’s an ongoing issue. should this happen to another young black man that the parents the family, the community know that the system will hold these officers accountable if they stand up. When these things happen, don’t go quietly in a corner and sit down,” shared Stought-O’Gilvie.

At Tuesday’s hearing, Saliba’s counsel and the prosecutor for police jointly proposed an eight-month demotion from Sergeant to first-class Police Constable. 

A decision was not rendered today. No date has been set yet for when that will happen.

On Monday, the officer who tased O’Gilvie, Constable Seth Rietkoetter faced the tribunal. In that case, his lawyer along with the prosecutor are jointly calling for a 12-month demotion from first class constable to second class.

O’Gilvie was not present at the hearing. In a statement read by Saliba’s lawyer directly to O’Gilvie’s mother, the officer apologized taking full responsibility for her role, “I am truly sorry, Hasani, not only to you but to your family and anyone else that has been negatively affected by events that have transpired.”

Shellnut also referenced the recent increase to the Toronto Police Service’s budget, approved by City Council earlier this month, saying more needs to be done for accountability.

“Any discussion of police budget increases must be viewed with the Hasani’s case in mind though accountability, concrete changes in how we do policing. We cannot continue to support ongoing budget increases.”