A Durham police officer has been penalized 60 hours without pay after pleading guilty to neglect of duty.
Det. Const. Craig Willis was found guilty in relation to his investigation into the assault of young Black man, Dafonte Miller.
The charge is related to the 2016 investigation that made headlines after Miller was beaten and blinded in one eye after a confrontation with off-duty Toronto police officer Michael Theriault and his brother, Christian.
In an agreed statement of facts, the Office of the Independent Police Review Director (OIPRD) stated:
“Detective Constable Willis conducted a substandard investigation and was not thorough or diligent in his duties on that night.”
The review found that Willis’ investigation did not meet the standards expected by the police service and the community.
Throughout the trial against the Theriault brothers, it was disputed that Miller was caught by the pair trying to steal from cars in the neighbourhood, eventually they chased him and a brawl ensued.
Following a lengthy investigation, the OIPRD said despite the lack of evidence in how the man was blinded after being beaten — the officer never questioned the narrative provided by the brothers.
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“Detective Constable Willis took the position that, without Mr. Miller’s statement, he did not have sufficient evidence to refute what the Theriault brothers had told him.”
They went on to say Willis made some attempt to get a statement from the victim’s mother. However, investigators say the brothers story should have been questioned.
“The OIPRD found there was sufficient evidence available to Detective Constable Willis to potentially refute the narrative provided by the Theriault brothers. When Mr. Miller was caught in between the houses, Detective Constable Willis failed to consider whether Mr. Miller might have wielded the pipe in self defence, fearing that the Theriault’s had chased him in order to assault him.”
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Michael Theriault was charged with assault and served nine months in jail. He has since resigned from the Toronto Police Service.
Willis, a veteran of more than 20 years with Durham police, previously had an exemplary record prior to this instance.
He was described as a “dedicated, diligent and thorough investigator.”
Det. Const. Willis was penalized 60 hours without pay.
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