A Toronto police officer has been charged with manslaughter and aggravated assault in connection with the death of a 19-year-old in 2021, the provincial police watchdog says.
In a press release issued on Friday, the province’s Special Investigation Unit (SIU) announced that charges had been filed against Const. Calvin Au in connection with the death of Brampton man Chadd Facey.
“The investigation determined that on April 26, 2021, two off-duty officers from the Toronto Police Service met and interacted with Mr. Facey in Brampton,” the press release said. “Later that day Mr Facey was taken to hospital by ambulance where he was subsequently pronounced dead.”
Au is scheduled to appear in court in Brampton on March 2.
The SIU, which investigates the behavior of law enforcement officers in cases of death, serious injury, sexual assault and/or firing of a firearm at an individual, said it would not comment further on the investigation because the matter is now before the court.
In a statement from the law firm Falconers LLP, Facey’s mother, Fay Fagan, said it was clear to the family that “some sort of wrongdoing” had taken place in connection with her son’s death.
“We’re glad to finally see the officer being held accountable for his actions,” she said.
Facey’s obituary said he is a “loving and valued son, brother and uncle” who is “much missed by his extended family and friends.”
Attorney Peter Brauti, representing Au, told CBC News he and his client were “obviously disappointed that SIU brought these charges,” adding they would not comment further while the matter is in court.
Toronto Police disciplinary documents detail what allegedly happened during the incident. Both Au and Const. Gurmakh Benning faces separate disciplinary proceedings for failing to report their connection to what happened, but Benning has not been criminally charged. The disciplinary charges have not yet been examined by the police court.
Toronto Police say Au, 33, has been with the force for eight and a half years and was last assigned to the 55th Division. He “will be immediately suspended under the Police Service Act,” Const. Cindy Chung said in an email.
The incident stems from an Apple watch sale
According to tribunal documents, Au and Benning were both off duty that day in April when they traveled to Brampton to meet with a man who had an Apple watch for sale on Kijiji.
Immediately after the transaction, Au discovered that the watch was fake. At that point, the documents say, Benning drove his car in the direction Facey was last seen and eventually caught up with him. Benning said the watch was fake and he wanted his money back, but Facey kept running, according to the court.
Au then got out of the vehicle and ran after Facey, eventually catching up to him. Benning demanded that Facey return his money and grabbed it while Au “brought the man to the ground,” the documents said.
Au was “engaged in a fight” with Facey while they were on the ground, with the officer trying to “maintain physical control” as Facey tried to get up, according to the court. A second man then approached the area and both officers ran to their car and drove away, the documents say.
According to court documents related to Benning’s disciplinary proceedings, he had called 911 and indicated that a “Kijiji deal had gone wrong,” but he did not identify himself as a police officer during the call and later told the operator about the matter dissolved.”
The Peel police are investigating
Shortly after the incident, Facey was rushed to the hospital by paramedics, where he later died.
According to police court documents, Peel police later received a call from Brampton Civic Hospital regarding Facey’s death, and so the CID launched an investigation.
Later, by examining Facey’s phone records, investigators were able to determine that he had met with Benning on the afternoon of April 26. Benning told Peel investigators what happened and also said Au was there when the incident happened.
“Neither you nor PC Benning have notified anyone in the Toronto Police Service of your involvement in the Brampton incident,” the documents linked to the Au tribunal hearings allege. “Your actions were discovered as a result of investigations by another police service.”
Officials had committed misconduct, accuses the police court
Peel Regional Police first notified Toronto Police about the incident on August 24 — four months after it happened. The tribunal says both Toronto police officers failed to comply with force standards and their actions led to an SIU investigation.
“You have committed wrongdoing by acting in a disorderly manner or in a manner that is inimical to discipline or could bring the reputation of the Toronto Police Service into disrepute,” the documents read.
The Police Court alleges that both officers neglected their duties by failing to tell the operator that they were police officers, not notifying the Peel Police despite the fact that the incident occurred within the jurisdiction of that service, and not telling any of their own superiors told what happened and did not notify the Toronto Police Department when they became aware of the active criminal investigation.
constant Chung, a media officer with the Toronto Police Department, said the force notified the SIU “immediately” upon learning of the incident. After the criminal case is completed, the Toronto Police Department will conduct two additional, separate disciplinary inquiries into the officer’s conduct, she said.
Asked for comment, Toronto Police Association President Jon Reid said in a statement that “every death is tragic and affects everyone involved.”
Reid, whose association represents Toronto Police Officers, said that since the matter is now before the court, he will not comment further.
“We will continue to ensure that our member is treated fairly throughout the process,” he said.
