Toronto police officer accused of choking Black man during 2019 arrest on bus found not guilty
CBC
A Toronto police officer who was accused of using excessive force while arresting a Black man in 2019 aboard a TTC bus has been found not guilty of assault.
In Thursday's decision, Justice Apple Newton-Smith of the Ontario Court of Justice dismissed passenger Chase Richards's testimony that Det. Christopher Hutchings choked him without provocation for 30 seconds following a disagreement with a bus driver.
Instead, she said Hutchings's assertion that he used reasonable force to subdue an aggressive passenger better aligned with the bus surveillance video that captured the entire arrest.
"I can understand how a member of the public would be shocked upon viewing the video. As I initially was. But that person would not be apprised of all of the facts and circumstances," Newton-Smith wrote.
"Police use of force is never pretty and it is difficult to watch. But sometimes it is necessary. Having now heard all of the evidence I would be shocked if Officer Hutchings had not reacted swiftly and with force."
The case stemmed from a confrontation on Dec. 13, 2019 aboard the 133 Neilson bus.
Richards, a 40-year-old Jamaican immigrant and single father of three at the time of the trial, testified that he boarded at Markham and Ellesmere roads from the back door and tapped his Presto card before being told the driver wanted to speak with him.
That's when, Richards testified, the bus driver accused him of not paying his fare, then said he didn't want to ride with him because he smelled like cigarettes.
The bus driver, Frederick Hickey, contradicted that account. Hickey said the issue was not about whether Richards paid his fare, but that he had boarded the bus at the rear at a stop that wasn't a subway station — an apparent violation of TTC policy.
Hickey said he simply sought to inform Richards of the rule, but the passenger became angry when he did so, arguing with him and refusing to stand behind the white line.
Eventually, Hickey pulled over, called police and all passengers except Richards disembarked.
WATCH: Black man testifies in June 2021 at trial of Toronto police detective accused of choking him during arrest
Richards testified that when Hutchings and fellow officer Det. Jason Tanouye arrived, both in plain clothes, one of the officers asked 'Is this the motherf---er that's causing the problem?'" Then, he said the officer grabbed him by the throat, choked him, threw him in a seat and then restrained him on the ground.
Richards said he believed he was targeted because he was a Black man.
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