Toronto cop Michael Theriault sentenced to nine months jail for ‘gratuitous and violent’ beating of Dafonte Miller

Toronto police officer Michael Theriault has been sentenced to nine months in jail by an Ontario Superior Court judge after being convicted of assaulting Whitby man Dafonte Miller.

Mr. Theriault committed a gratuitous and violent offence on a vulnerable victim who posed no threat," Ontario Superior Court Justice Joseph Di Luca said in an Oshawa court Thursday.

The fact that Mr. Theriault committed this offence despite his training and position as police officer makes the offence all the more serious."

Although Theriault's lawyer asked for an absolute or conditional discharge - a far more typical sentence for an officer convicted of assault - Di Luca said nothing short of a jail sentence" would adequately denounce Theriault's Dec. 28, 2016, beating of Miller, who had already suffered a devastating injury to his eye by the time the off-duty officer struck him in the face with a metal pole.

If Theriault did not serve jail time, it would risk trivializing the offence and undermining public trust in the administration of justice," Di Luca said. An offence committed in these circumstances undermines societal values of dignity and equality, it undermines the trust of the community, particularly the Black community, places in police officers," he said.

Let me tell you: It's not often that you see a policeman get sentenced to jail time," said Kingsley Gilliam, a founding member of the Black Action Defence Committee, and who gave a community impact statement during sentencing submissions in September.

Theriault, 28, has been suspended with pay from the Toronto Police Service since his arrest in July 2017. Because he was sentenced to jail time, he will now be suspended without pay until his fate as an officer is determined at a disciplinary tribunal; Di Luca noted a jail sentence likely means Theriault's employment as a police officer will come to an end.

It's not yet clear when Theriault will begin serving his jail sentence. Late last month, Theriault's lawyers filed a court application to keep Theriault out on bail pending the appeal of Di Luca's verdict by both Crown and defence lawyers. Ontario's Court of Appeal is expected to rule on the application Thursday afternoon.

Theriault's case has drawn national attention and impassioned criticism in part because of the racial tensions at play: Theriault is a white police officer while Miller is a Black man. Miller and members of his family previously told court in victim impact statements that the assault has had a devastating effect on their family and the broader Black community.

There will never be enough words (to) encapsulate the fullness of my deepest remorse for my son and the Black community," wrote Leisa Lewis, Miller's mother.

Gilliam, who attended the hearing Thursday, said he had mixed feelings as he left the courthouse where he attended much of the high-profile trial. Di Luca's sentence was reasonable for an assault, Gilliam said, but he felt Theriault should have been found guilty of the more serious aggravated assault charge.

But noting the rarity of a jail sentence for a first-time common assault charge, Gilliam said he was relieved to hear Di Luca express that the behaviour was so egregious he could not defend a less rigorous sentence.

Kate Puddister, a University of Guelph professor who researches police oversight, said her work shows Theriault's sentence is far more severe than other cases where officers have been convicted of assault.

Her review of these cases has shown the most common sentence handed down in this scenario is an absolute or conditional discharge, with a minority receiving custodial sentences of less than two years, she said.

The judge has sent a message to the public that important consequences can be brought to bear for police officers that break the law," Puddister said.

In his June verdict, Di Luca found Miller was the victim of a one-sided," violent beat-down at the hands of Theriault in an altercation that began when Miller stole pocket change from the Theriault family truck. Theriault had said he was attempting to capture Miller, but Di Luca found his initial intent was likely not to arrest Mr. Miller, but rather to capture him, and assault him."

At the outset of his reasons Thursday, Di Luca said it is often said sentencing is among the most difficult of a trial judge's task - in this case, the observation is an understatement."

Noting that sentencing is neither an exercise of vengeance, nor should there be blind lenience" when an offence is someone's first, Di Luca the proper sentence must instead be reached through a balanced application of legal principles.

My role is not to simply throw the book' at Mr. Theriault because anything less will be seen as a slap on the wrist,'" Di Luca said.

Even when they are based on heartfelt sentiments," calls made to impose the maximum sentence - five years - cannot sway his sentencing decision, Di Luca said.

Sentencing is not done by plebiscite," he said.

Di Luca noted that aggravating factors in the case, including that Theriault completely failed to follow his training" concerning how to effect a proper arrest; that Theriault, although off-duty, committed the offence while essentially acting in a police capacity;" that the assault was on a victim who was in an acute state of vulnerability" and done with a metal pole.

Among the mitigating circumstances in the case was that Theriault is relatively young, has strong family support, and has been vilified in the press, on social media and elsewhere." Early coverage related to a narrative disproven in court," Di Luca said.

That narrative, which had Mr. Theriault approach Mr. Miller and question his presence in the neighbourhood and then chase and beat him out of the blue' was proven to be demonstrably false at trial, yet it is a narrative that will be forever associated with Mr. Theriault," Di Luca said.

After reading out his reasons for more than an hour, Di Luca addressed Theriault directly, telling him his actions will have a lasting impact on himself, his family, the community and most of all Mr. Miller and his family."

I urge you to bear this in mind and you serve your sentence. I also urge you to remember that even though this is the low point of your life, your life should not be defined solely by what happened here."

With Star files

Wendy Gillis is a Toronto-based reporter covering crime and policing for the Star. Reach her by email at wgillis@thestar.ca or follow her on Twitter: @wendygillis