Police officer Michael Theriault, who was sentenced to nine months in prison in 2020 for common assault on a black youth, has resigned from the Toronto Police Service. This last twist certainly closes the case of Dafonte Miller, especially since the former police officer has already served his sentence.
Michael Theriault is scheduled to appear Tuesday morning before a police administrative tribunal in cases of professional misconduct by his employer.
Prosecution attorney Alexandra Cioboraru, however, said she returned her police badge.
Michael Theriault pleaded not guilty to charges of professional misconduct in December 2020, but the case has still not been heard, as he has not yet exhausted all of his remedies in criminal courts.
The individual is not in court, located at Toronto Police Headquarters in downtown. He was represented by Derek Gregoris, a representative of the Metropolitan Police Association.
His lawyer Michael Lacy, who has defended him in criminal proceedings, disclosed the information Monday night to Me Cioboraru.
Michael Theriault lost all of his legal remedies when the Supreme Court refused to hear his appeal in December 2021 after his defeat in the Ontario Court of Appeal in July of that year.
After being sentenced to 9 months in prison, he still works in the police department, but without pay.
Police, who have already served his sentence, violently beat Dafonte Miller in Whitby on the night of Dec. 28, 2016 when he was not on duty. The black young man lost an eye in the confrontation.
The Ontario Court of Appeal upheld the verdict of a lower court guilty.
Michael Theriault was arrested in the spring of 2017 when investigators ’evidence on the fight finally turned against him.
At the time, Dafonte Miller was arrested for theft on the night of the fight, but it was also later cleared.
Michael Theriault unsuccessfully asked last summer to be released on bail pending the response of the Supreme Court of Canada, so he ended his detention sentence.
The Court of Appeal had, however, ruled that it was rather in the public interest to keep him in prison until then and that it was likely in any case that the Supreme Court would agree to hear his case.
Ontario’s highest court recalled that agent Theriault’s crime was serious and that Dafonte Miller’s assault was unpaid and violent.
More details to come