Durham officers guilty of 'pro-police bias' in Dafonte Miller case: tribunal
CBC
Three Durham police officers committed professional misconduct when they showed "pro-police bias," conducting an inadequate investigation of the incident that led to the conviction of an off-duty Toronto constable for assaulting Dafonte Miller in 2016, according to a disciplinary tribunal ruling.
Citing the serious injuries sustained by then-19-year-old Miller, retired Ontario Provincial Police Supt. Greg Walton, who oversaw the disciplinary proceedings, said in a ruling dated June 26 that the officers ignored clear signs that a thorough investigation was warranted.
"The inequity in injuries and one-sided result of the altercation alone begged for questions to be asked," Walton said.
"I am convinced that the main reason those inquiries did not occur is because of the involvement and role of an off-duty officer."
Lawyer Ian Johnstone, one of the prosecutors in the proceedings, said disciplinary charges and convictions for showing "pro-police bias" are rare.
"I don't know of another case in Canada," Johnstone, who regularly prosecutes police disciplinary matters, said in an interview.
The Durham Regional Police Service (DRPS) moved forward with the prosecution of the three officers after the Office of the Independent Police Review Director (OIPRD) notified it in 2021 that the oversight body had deemed some misconduct allegations against the officers to be "substantiated."
The OIPRD also deemed misconduct by a fourth officer to be substantiated; he pled guilty earlier this year to neglect of duty, according to Walton's ruling.
Both Johnstone and Asha James, a lawyer who represented Miller during the disciplinary proceedings, confirmed that the proceedings arose from a complaint Miller filed with the OIPRD in 2017.
Superior Court Justice Joseph Di Luca found Michael Theriault guilty of assault in 2020, saying the off-duty Toronto police officer had struck Miller with a pipe after he and his brother Christian found the teenager and a friend stealing from the brothers' parents' vehicle.
Although he expressed doubts about parts of the incident, Di Luca said in a ruling that the brothers were, at one point, "probably just beating on Mr. Miller," who was badly injured, and later underwent surgery to remove his left eye.
Christian Theriault was acquitted of aggravated assault and obstruction of justice.
In this week's disciplinary ruling, Walton found DRPS Const. Andrew Chmelowsky guilty of discreditable conduct for "accepting and not questioning the evidence of the Theriault brothers," and for failing to fully investigate Miller's injuries.
Walton made a similar finding against Const. Barbara Zabdyr and Const. Justine Gendron, saying the latter accepted Christian Theriault's evidence, and failed to record relevant information.
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