Source: The Spec
May 07, 2010
Susan Clairmont and Nicole O'Reilly
The Hamilton Spectator
(May 7, 2010)
Hamilton's police chief admits they got the wrong apartment and the wrong man when officers burst into the home of an unsuspecting refugee from Myanmar who was left terrified and bloodied.
Heavily armed officers were looking for an alleged cocaine dealer who lives in a different unit in the same apartment building as 58-year-old Po La Hay and his two adult children.
Hay was home around 9 p.m. Tuesday readying things for work the next day at a garden centre when he claims police broke down his door and aimed guns at his head.
"I didn't even have a chance to say any words," he said through interpreter Lerwah Lobo.
Terrified, Hay collapsed to the ground. Officers handcuffed him and asked if he was the man listed on their warrant, he said. When he said, "No, my name is Po La," Hay claims officers smashed his face on the floor and began kicking him. He was scared to move, believing they might be robbers despite the uniforms.
Telling the story, Hay smiles politely and shakes a little. He has stitches above his left eye, a bruised and bloodied nose and red marks along his back and side. He said one rib is broken and he will have to return to doctors for more tests. He looks less than 100 pounds.
"Our officers attended an address to apprehend a party wanted for trafficking narcotics," said Chief Glenn De Caire. "The person we wanted was in the apartment next door. All the right investigative steps were taken and in the end, it was wrong ... We accept responsibility."
De Caire said he met yesterday with members of Hay's family and apologized. He also offered the services of counsellors and to meet again with the whole family.
Hay said he is too scared to meet with police and his only concern is lost wages for time off work.
When asked about Hay's injuries, De Caire told The Spectator he would not comment, saying only that a complaint has been filed with the Ontario Independent Police Review Director (OPIRD) -- an arms-length agency created seven months ago by the Attorney General. It is staffed entirely by civilians and is meant to keep police accountable for their actions.
But in a later statement, De Caire acknowledged that "during the process of securing the residence, a resident of the home was injured. Officers on the scene called for an ambulance and the resident was taken to hospital."
OPIRD "has carriage of the complaint now," said De Caire. Neither the chief nor OPIRD would say who laid the complaint. The next step is for OPIRD to determine if the complaint has merit, and if so, an investigation will begin that could result in a public hearing and discipline.
Hay's 23-year-old son, Say Blut, was in bed and was handcuffed after police knocked on his door. Another man, 21-year-old Panar Noo, was in the bathroom and alleges police handcuffed him, kicked him and dragged him downstairs.
While Hay says he was being kicked and punched, another team of officers arrived and one yelled "stop, stop." The officers did. They didn't apologize, he said. But a couple tried to wash some of the blood from his face.
The alleged cocaine dealer police were supposed to arrest that night was a 35-year-old whose name is not remotely similar to Po La Hay, according to a copy of the search warrant obtained by The Spectator. The apartment unit listed on the warrant is Hay's.
Police confirm that the intended target was later arrested.
A Hamilton detective constable got a "telewarrant" (done after hours and by phone) at 6:30 p.m. Tuesday from a justice of the peace in Newmarket. The warrant permitted officers to seize "cocaine, scales, money, cellphone, debt list, packaging and documents."
For Hay and members of the Karen community, the botched arrest threatens their trust of police. The Karen people are a persecuted ethnic group in Myanmar (formerly Burma).
Hay and his family, like most Karen people, was forced into a refugee camp by authorities. This treatment has resulted in common mistrust of police.
While in the camp, Hay's wife died of malaria in 1994. He managed to flee to Thailand with his son and daughter, Ba Blut, now 19. The family became successful refugee claimants to Canada in 2006.
There are about 300 Karen refugees in Hamilton. Most have been here for about three years.
Madina Wasuge, executive director of the Hamilton Centre for Civic Inclusion, called the botched arrest disturbing. "People flee situations that are dangerous and when they come to Canada, the first thing they are expecting is to be safe," she said, adding the actions nullify all the work her organization and others have done.
Fellow Karen and Hay's friend La Pa said her community feels isolated and scared since this incident.
"When we came to Canada, the first people we met were the police and they said you are safe," she said.
Now this incident is giving her flashbacks to her home country.
The raid on Hay's home came at the end of a two-week project by the vice and drug unit intended to target street level drug traffickers. Yesterday, just hours before Hay's family met with the chief, police issued a media release praising the "aggressive enforcement initiative" which also involved members of the BEAR (Break, Enter, Auto theft and Robbery) Unit, Guns and Weapons Enforcement Unit, the Intelligence Unit, the Emergency Response Unit and Uniform Patrol.
De Caire touted the good work of his officers "overall" and the "number of drugs taken off the streets that will not make it into the hands of children."
Most of the activity took place in the downtown core, with 49 arrests made, 100 charges laid and $1.2 million in drugs seized including cocaine, crack, marijuana, oxycodone and the largest seizure ever of crystal methamphetamine.
sclairmont@thespec.com
905-526-3539
noreilly@thespec.com
905-526-3199
critter cartoon
Friday, May 7, 2010
SIU and Julian Fantino duke it out
Source:Toronto Star
Fantino thinks SIU overstepped its mandate
Robyn Doolittle
Staff Reporter
Details of a bitter behind-the-scenes dispute involving the director of the Special Investigations Unit and OPP Commissioner Julian Fantino have been made public in Superior Court.
On Sept. 28, 2009, SIU director Ian Scott announced he was unable to decide if an OPP officer was guilty of wrongdoing in the shooting death of a Peterborough man.
The reason, Scott explained in a news release, was because both that officer and his partner had had their notes vetted by a police union lawyer prior to submitting them to SIU investigators.
Before issuing the release, Scott wrote to Fantino.
“This note writing process flies in the face of the two main indicators of reliability of notes: independence and contemporaneity,” Scott wrote. “In this most serious case, I have no informational base I can rely upon.”
Fantino sent a reply on Sept. 30.
“I am writing to express my concern and dismay over the impact of your recent media release,” Fantino wrote. “If your intent was to inflame an already volatile situation for all concerned, I can now inform you that you have succeeded.”
This exchange and others were filed in Superior Court last week as part of an ongoing legal dispute over how police lawyers do their job.
Across the province, officers involved in fatal incidents have their notes and comments “approved” by union lawyers before dealing with the SIU. In many cases, the same lawyer is dealing with both subject and witness officers.
But, argues Scott, because lawyers are duty bound to share information between clients, this violates a section of the Police Act that calls for officers to be segregated until after being interviewed by the SIU. Notes are also supposed to be written “contemporaneously” following an event.
Because this practice interferes with an individual’s independent recollection of an event, Scott has spoken out publicly about his concerns, sparking outrage from the province’s police unions. Since then, the relationship between Scott and Ontario police associations has become so strained that in January the attorney general’s office appointed a mediator to defuse the situation.
“We recognize that there are bound to be tensions in any system of police oversight, but that a professional working relationship must be maintained in order to best serve the public,” said Brendan Crawley, spokesperson for the attorney general’s office. “To that end we have asked former Chief Justice (Patrick) LeSage, a highly-respected mediator, to work with the SIU and police to improve communications and strengthen their professional working relationship.”
Meanwhile, last fall the families of two men shot dead by OPP officers asked a Superior Court judge to put an end to the long-standing practice of lawyer vetting.
Police associations, the unions and their boards, say police officers have the right to a lawyer under the Charter of rights. Julian Falconer, who represents the Schaeffer and Minty families, says the Charter doesn’t apply to witness officers.
Exactly where the line between the Act and the Charter is drawn has been the subject of much debate.
“There appears to be a conflict between the Charter rights of the police officer and the intent of police regulations and provincial legislation governing law enforcement,” said city councillor Adam Vaughan, who has fielded Scott’s concerns on the Toronto police board. “If that’s to change, it’s going to require a court decision or legislative remedy.”
Andrew McKay, an OPP police union lawyer, says the SIU wants to get around solicitor-client privilege.
“We stand firm that we have done absolutely nothing wrong and that the officers are entitled to counsel,” said McKay, adding “We don’t tell the officers what to put in their memo book.”
--------------------------------------------------------------------------------
What they wrote
November 2:
“I am writing to again express my dismay over the impact of your recent media statements… Once again, the inflammatory nature of your statements has upset the officers involved, the family of the deceased and the community. Rather than carry on an self-serving media campaign, I suggest you await the outcome of our investigation.”
—Julian Fantino
November 4
“You comment that the inflammatory nature of my statements has upset yet again, among others, the family of Mr. Levi Schaeffer… If any comments I have made have upset the family, I would be concerned… accordingly, I contacted the counsel for the Schaeffer family and asked him whether I had caused them any upset. I was informed that this was not the case. I would ask that you cease purporting to speak on their behalf.”
—Ian Scott
November 13
“Thank you for your letter of November 4, 2009. Unfortunately, you still seem determined to discount any concerns that have been brought to your attention about your inflammatory remarks… (which) come across as an attempt by you to assume authority and control over something that is not part of your mandate as the Special Investigations Unit director.”
—Julian Fantino
Fantino thinks SIU overstepped its mandate
Robyn Doolittle
Staff Reporter
Details of a bitter behind-the-scenes dispute involving the director of the Special Investigations Unit and OPP Commissioner Julian Fantino have been made public in Superior Court.
On Sept. 28, 2009, SIU director Ian Scott announced he was unable to decide if an OPP officer was guilty of wrongdoing in the shooting death of a Peterborough man.
The reason, Scott explained in a news release, was because both that officer and his partner had had their notes vetted by a police union lawyer prior to submitting them to SIU investigators.
Before issuing the release, Scott wrote to Fantino.
“This note writing process flies in the face of the two main indicators of reliability of notes: independence and contemporaneity,” Scott wrote. “In this most serious case, I have no informational base I can rely upon.”
Fantino sent a reply on Sept. 30.
“I am writing to express my concern and dismay over the impact of your recent media release,” Fantino wrote. “If your intent was to inflame an already volatile situation for all concerned, I can now inform you that you have succeeded.”
This exchange and others were filed in Superior Court last week as part of an ongoing legal dispute over how police lawyers do their job.
Across the province, officers involved in fatal incidents have their notes and comments “approved” by union lawyers before dealing with the SIU. In many cases, the same lawyer is dealing with both subject and witness officers.
But, argues Scott, because lawyers are duty bound to share information between clients, this violates a section of the Police Act that calls for officers to be segregated until after being interviewed by the SIU. Notes are also supposed to be written “contemporaneously” following an event.
Because this practice interferes with an individual’s independent recollection of an event, Scott has spoken out publicly about his concerns, sparking outrage from the province’s police unions. Since then, the relationship between Scott and Ontario police associations has become so strained that in January the attorney general’s office appointed a mediator to defuse the situation.
“We recognize that there are bound to be tensions in any system of police oversight, but that a professional working relationship must be maintained in order to best serve the public,” said Brendan Crawley, spokesperson for the attorney general’s office. “To that end we have asked former Chief Justice (Patrick) LeSage, a highly-respected mediator, to work with the SIU and police to improve communications and strengthen their professional working relationship.”
Meanwhile, last fall the families of two men shot dead by OPP officers asked a Superior Court judge to put an end to the long-standing practice of lawyer vetting.
Police associations, the unions and their boards, say police officers have the right to a lawyer under the Charter of rights. Julian Falconer, who represents the Schaeffer and Minty families, says the Charter doesn’t apply to witness officers.
Exactly where the line between the Act and the Charter is drawn has been the subject of much debate.
“There appears to be a conflict between the Charter rights of the police officer and the intent of police regulations and provincial legislation governing law enforcement,” said city councillor Adam Vaughan, who has fielded Scott’s concerns on the Toronto police board. “If that’s to change, it’s going to require a court decision or legislative remedy.”
Andrew McKay, an OPP police union lawyer, says the SIU wants to get around solicitor-client privilege.
“We stand firm that we have done absolutely nothing wrong and that the officers are entitled to counsel,” said McKay, adding “We don’t tell the officers what to put in their memo book.”
--------------------------------------------------------------------------------
What they wrote
November 2:
“I am writing to again express my dismay over the impact of your recent media statements… Once again, the inflammatory nature of your statements has upset the officers involved, the family of the deceased and the community. Rather than carry on an self-serving media campaign, I suggest you await the outcome of our investigation.”
—Julian Fantino
November 4
“You comment that the inflammatory nature of my statements has upset yet again, among others, the family of Mr. Levi Schaeffer… If any comments I have made have upset the family, I would be concerned… accordingly, I contacted the counsel for the Schaeffer family and asked him whether I had caused them any upset. I was informed that this was not the case. I would ask that you cease purporting to speak on their behalf.”
—Ian Scott
November 13
“Thank you for your letter of November 4, 2009. Unfortunately, you still seem determined to discount any concerns that have been brought to your attention about your inflammatory remarks… (which) come across as an attempt by you to assume authority and control over something that is not part of your mandate as the Special Investigations Unit director.”
—Julian Fantino
Officer charged with spousal assault
Source:Ottawa Citizen
Becomes 15th member of force accused of wrongdoing this year
By Dave Rogers, The Ottawa Citizen May 6, 2010
Brockville police charged an off-duty Ottawa police officer with spousal assault on Wednesday, making him the 15th Ottawa officer charged with a criminal offence, discreditable conduct, insubordination or neglect of duty this year.
Acting police chief Gilles Larochelle, who's filling in for Chief Vern White, said that number is about the same as it was in previous years. He added the media were learning that officers had been charged with criminal offences or discreditable conduct because of White's policy of "increased transparency" that started in 2007.
Larochelle said Ottawa police will not release the officer's name, who was charged Wednesday to protect the privacy of his spouse and children. The officer was to appear in Brockville court on Wednesday. He has been assigned to administrative duties pending the outcome of the charges.
The Ottawa Police Service Professional Standards Section is investigating the allegations, and charges may also be laid under the Police Services Act.
Larochelle said six Ottawa police officers were charged with criminal offences such as impaired driving, assault and theft under $5,000 in 2008. Three officers were charged with criminal offences in 2009 and three officers are facing criminal charges so far this year.
Twelve officers face charges of discreditable conduct, insubordination or neglect of duty under the Police Services Act. The force employs about 1,400 police officers and 600 civilians.
Larochelle would not say that the charges represented a growing problem for the force or that incidents such as assault and impaired driving were directly linked to workplace stress.
"The Ottawa Police Service takes the conduct of its members very seriously and holds all sworn officers to a standard that is consistent with community expectations and their oath of office," Larochelle said. "The media is more aware of what is going on internally because the chief wanted this information made public through media releases. We are doing an extensive review of the workload of each officer in the criminal investigation service and did a review of the workload of uniform officers."
Larochelle said the review of police operations was being completed to improve service to the public and was not related to stress. He said the police service was not concerned about the level of stress among its officers.
"It is easy to say that these incidents are stress-related, but I can't say that," Larochelle said.
Another case involves Const. David Dubois, a member of the Ottawa Police Service tactical unit, who was charged with impaired driving and driving over the legal limit on the night of April 18. Dubois was off duty at the time.
Last November, an unnamed 44-year-old officer was charged with two counts of criminal harassment.
The force did not name the officer, saying doing so could help identify the victim and could cause "further victimization."
Another Ottawa officer was suspended in November after being charged with assaults on two youths in South Dundas between February and October 2009.
Ontario Provincial Police, who laid those charges, said the 33-year-old officer was known to the two alleged victims.
Impaired-driving charges were also laid against Const. Martin Dompierre in September 2008. Dompierre had his driver's licence suspended for one year and was fined $1,200 after pleading guilty in a Gatineau court.
Stress was said to be a factor in one notable case.
A psychologist testifying at a police disciplinary hearing in February said Ottawa police Const. Jeffrey Gulick could have been in a state of "toxic psychosis" from drugs and alcohol when he assaulted four fellow officers.
Dr. John Goodman said a "perceived sense of threat" was the trigger to the actions of Gulick, who was charged with discreditable conduct under the Police Services Act.
An agreed statement of facts read into evidence when the hearing began in January said Gulick became angry after he failed a use-of-force requalification and was required to turn in his gun.
Gulick went home and began drinking. He told the officers responding to a neighbour's complaint that he drank half a bottle of scotch and a cooler.
© Copyright (c) The Ottawa Citizen
Becomes 15th member of force accused of wrongdoing this year
By Dave Rogers, The Ottawa Citizen May 6, 2010
Brockville police charged an off-duty Ottawa police officer with spousal assault on Wednesday, making him the 15th Ottawa officer charged with a criminal offence, discreditable conduct, insubordination or neglect of duty this year.
Acting police chief Gilles Larochelle, who's filling in for Chief Vern White, said that number is about the same as it was in previous years. He added the media were learning that officers had been charged with criminal offences or discreditable conduct because of White's policy of "increased transparency" that started in 2007.
Larochelle said Ottawa police will not release the officer's name, who was charged Wednesday to protect the privacy of his spouse and children. The officer was to appear in Brockville court on Wednesday. He has been assigned to administrative duties pending the outcome of the charges.
The Ottawa Police Service Professional Standards Section is investigating the allegations, and charges may also be laid under the Police Services Act.
Larochelle said six Ottawa police officers were charged with criminal offences such as impaired driving, assault and theft under $5,000 in 2008. Three officers were charged with criminal offences in 2009 and three officers are facing criminal charges so far this year.
Twelve officers face charges of discreditable conduct, insubordination or neglect of duty under the Police Services Act. The force employs about 1,400 police officers and 600 civilians.
Larochelle would not say that the charges represented a growing problem for the force or that incidents such as assault and impaired driving were directly linked to workplace stress.
"The Ottawa Police Service takes the conduct of its members very seriously and holds all sworn officers to a standard that is consistent with community expectations and their oath of office," Larochelle said. "The media is more aware of what is going on internally because the chief wanted this information made public through media releases. We are doing an extensive review of the workload of each officer in the criminal investigation service and did a review of the workload of uniform officers."
Larochelle said the review of police operations was being completed to improve service to the public and was not related to stress. He said the police service was not concerned about the level of stress among its officers.
"It is easy to say that these incidents are stress-related, but I can't say that," Larochelle said.
Another case involves Const. David Dubois, a member of the Ottawa Police Service tactical unit, who was charged with impaired driving and driving over the legal limit on the night of April 18. Dubois was off duty at the time.
Last November, an unnamed 44-year-old officer was charged with two counts of criminal harassment.
The force did not name the officer, saying doing so could help identify the victim and could cause "further victimization."
Another Ottawa officer was suspended in November after being charged with assaults on two youths in South Dundas between February and October 2009.
Ontario Provincial Police, who laid those charges, said the 33-year-old officer was known to the two alleged victims.
Impaired-driving charges were also laid against Const. Martin Dompierre in September 2008. Dompierre had his driver's licence suspended for one year and was fined $1,200 after pleading guilty in a Gatineau court.
Stress was said to be a factor in one notable case.
A psychologist testifying at a police disciplinary hearing in February said Ottawa police Const. Jeffrey Gulick could have been in a state of "toxic psychosis" from drugs and alcohol when he assaulted four fellow officers.
Dr. John Goodman said a "perceived sense of threat" was the trigger to the actions of Gulick, who was charged with discreditable conduct under the Police Services Act.
An agreed statement of facts read into evidence when the hearing began in January said Gulick became angry after he failed a use-of-force requalification and was required to turn in his gun.
Gulick went home and began drinking. He told the officers responding to a neighbour's complaint that he drank half a bottle of scotch and a cooler.
© Copyright (c) The Ottawa Citizen
Sunday, May 2, 2010
Booze cruising off duty officer gets to keep her job
Convicted constable demoted
Sorce:The Spec
April 28, 2010
Nicole O'Reilly
The Hamilton Spectator
(Apr 28, 2010)
A 16-year veteran Hamilton police officer has been found guilty of discreditable conduct and faces a more than year-long demotion following a Christmastime crash and impaired driving conviction.
Constable Kim Walker, 42, was handed a 14-month demotion from a first class constable to a second class constable yesterday after a Police Services Act tribunal. She is doing downtown core patrol while she is banned from driving.
The professional disciplinary measure follows an impaired driving guilty plea and conviction last month. Walker received a 15-month driving suspension and $1,500 fine. A second criminal charge for failing to remain at the scene was withdrawn.
Walker, who was off duty, drove her SUV into a hydro transformer and through a three-metre-tall fence at a Mount Hope townhouse complex around 4 a.m. on December 27.
No one was injured.
Homeowner Cathy Robertson told The Spectator she got out of her bed and saw the grey SUV had smashed through the fence, stopping within a couple of metres of her home.
Police found Walker stumbling and falling along a road around 6 a.m., Crown counsel Brian O'Marra told Ontario Court Justice Bernd Zabel last month. Officers detected "a strong odour of alcoholic beverage" and her "eyes were glassy."
She immediately confessed and co-operated. The first breathalyser at 6:58 a.m. registered 170 milligrams of alcohol per 100 millilitres of blood.
Walker's immediate admission of guilt and otherwise clean record were referred to in the findings. A number of colleagues wrote glowing letters of reference.
"From all of the evidence presented, P.C. Walker has the potential to continue as a police officer and to provide value to the Hamilton Police Service and the citizens within this community," read the findings of Superintendent Michael Shea released yesterday.
Police Chief Glenn De Caire could not be reached for comment.
"The matter is concluded and the decision speaks for itself," said spokesperson Catherine Martin.
During her court appearance, defence lawyer Dean Paquette explained that Walker and her husband had been drinking on the night of Dec. 26 and got into an argument that caused her "to feel compelled that she needed to leave the house to cool things down."
This was a bad decision, he said.
But Paquette also spoke of Walker's quick action to deal with the matter, including immediately paying for the broken fence.
He estimated the collateral consequences will cost at least $20,000.
"So she is paying a very steep price financially for that mistake," Paquette said.
Mike Thomas, president of the Hamilton Police Association, said he has known Walker for years and called her "a terrific police officer" and said her actions that night were "completely out of character."
"She disappointed herself, her family and the police service," Thomas said, but added she has not tried to skirt responsibility.
"I think Kim (Walker) is incredibly remorseful for her actions that night and the mistake will haunt her for the rest of her life," he said.
Walker, reached at her Mount Hope home, declined comment.
noreilly@thespec.com
905-526-3199
Sorce:The Spec
April 28, 2010
Nicole O'Reilly
The Hamilton Spectator
(Apr 28, 2010)
A 16-year veteran Hamilton police officer has been found guilty of discreditable conduct and faces a more than year-long demotion following a Christmastime crash and impaired driving conviction.
Constable Kim Walker, 42, was handed a 14-month demotion from a first class constable to a second class constable yesterday after a Police Services Act tribunal. She is doing downtown core patrol while she is banned from driving.
The professional disciplinary measure follows an impaired driving guilty plea and conviction last month. Walker received a 15-month driving suspension and $1,500 fine. A second criminal charge for failing to remain at the scene was withdrawn.
Walker, who was off duty, drove her SUV into a hydro transformer and through a three-metre-tall fence at a Mount Hope townhouse complex around 4 a.m. on December 27.
No one was injured.
Homeowner Cathy Robertson told The Spectator she got out of her bed and saw the grey SUV had smashed through the fence, stopping within a couple of metres of her home.
Police found Walker stumbling and falling along a road around 6 a.m., Crown counsel Brian O'Marra told Ontario Court Justice Bernd Zabel last month. Officers detected "a strong odour of alcoholic beverage" and her "eyes were glassy."
She immediately confessed and co-operated. The first breathalyser at 6:58 a.m. registered 170 milligrams of alcohol per 100 millilitres of blood.
Walker's immediate admission of guilt and otherwise clean record were referred to in the findings. A number of colleagues wrote glowing letters of reference.
"From all of the evidence presented, P.C. Walker has the potential to continue as a police officer and to provide value to the Hamilton Police Service and the citizens within this community," read the findings of Superintendent Michael Shea released yesterday.
Police Chief Glenn De Caire could not be reached for comment.
"The matter is concluded and the decision speaks for itself," said spokesperson Catherine Martin.
During her court appearance, defence lawyer Dean Paquette explained that Walker and her husband had been drinking on the night of Dec. 26 and got into an argument that caused her "to feel compelled that she needed to leave the house to cool things down."
This was a bad decision, he said.
But Paquette also spoke of Walker's quick action to deal with the matter, including immediately paying for the broken fence.
He estimated the collateral consequences will cost at least $20,000.
"So she is paying a very steep price financially for that mistake," Paquette said.
Mike Thomas, president of the Hamilton Police Association, said he has known Walker for years and called her "a terrific police officer" and said her actions that night were "completely out of character."
"She disappointed herself, her family and the police service," Thomas said, but added she has not tried to skirt responsibility.
"I think Kim (Walker) is incredibly remorseful for her actions that night and the mistake will haunt her for the rest of her life," he said.
Walker, reached at her Mount Hope home, declined comment.
noreilly@thespec.com
905-526-3199
Justice for Stephen
Source:Toronto Sun
Family wants answers after man badly injured in confrontation with cops
Columnists / Michele Mandel
This was her late son we were writing about.
Janet Gregory picked up the Sunday Sun last week and read in horror about an unnamed diabetic driver who was allegedly beaten by York Regional Police last year after he lapsed into a coma and was mistaken for being drunk.
She read about how tow truck drivers Rob and Andrea Mileto were coming forward to say they’d witnessed the whole thing and have been harassed by the cops ever since.
About how they were now willing to tell their disturbing tale to the Special Investigations Unit, which had previously looked into the May 14 incident and found no police wrongdoing.
Gregory read the story and wept, for it was her son Stephen who was badly injured that day.
It was her son, who she had just buried, and who would now never see the justice he sought.
Stephen Gregory, the 49-year-old father of four sons, died suddenly of an unrelated heart attack April 15.
Eleven months before, the small business owner was on his way to a Mr. Sub in Woodbridge when he lapsed into a diabetic coma and rear-ended another driver at Hwy. 7 and Weston Rd.
Andrea Mileto was in his tow truck that afternoon and went over to check on the accident.
The impact was so light that there was barely any damage to the other car’s bumper and the air bags hadn’t deployed. But the driver was unresponsive and his eyes appeared rolled back in his head.
Mileto called 911 and said the man seemed to be suffering from some kind of medical condition.
But when police arrived, Mileto says they seemed to become quickly frustrated that the dazed driver refused to get out of the car or identify himself.
His brother was watching from a nearby tow truck and they both claim they then saw one officer pummelling the man’s right arm and shoulder with his baton to loosen his grip from the steering wheel and at least two others punching him repeatedly after they dragged him out of his van and handcuffed him.
It was only after reading the brothers’ account of what they witnessed that Stephen’s family finally made sense of his extensive injuries.
Alan Gregory had rushed to York Finch Hospital after getting a call from police that his older brother had been in a minor fender-bender.
“He was an absolute mess, like he had been beaten up badly,” he recalls, as he scrolls through a CD of photos showing his badly bruised brother. “He had a huge welt on his forehead, bruised ribs and his shoulder was broken and in a sling.”
Stephen told them he couldn’t remember much.
“He had a memory of being pulled out of the van and being on the ground with cuts and gravel on his face and with handcuffs on him,” his brother says. “He was screaming at the officers to remove the cuffs because his shoulder was in extensive pain.”
He says an officer was in the hospital room and apologized for what had happened, saying the police thought Stephen was drunk. But his family and friends don’t understand how that would excuse what happened.
“He was only 150 pounds, he wasn’t a big guy,” says his best friend, Peter Johnson. “Just because people aren’t complying doesn’t mean you do this.”
York Regional Police deny there was any beating, but acknowledge that officers on the scene initially thought Stephen had been drinking and only later realized he was suffering from a severe drop in his blood sugar.
The injured man contacted a lawyer soon after and planned to sue the police, his family says.
“He was bloody angry and he was in a lot of pain,” his mom says. “He wanted to make sure that officers have special training so they can recognize the difference between a drunk person and a diabetic.”
SIU investigator Jon Ansell says they spoke to Stephen but he couldn’t recall much of what transpired. Andrea Mileto was also interviewed, he says, but gave a completely different statement than the one he’s offering now. “We exonerated the police based in part on what Mileto told us,” explains Ansell, who now plans to re-interview the tow truck driver.
The SIU, he says, found the police had a lawful reason to arrest Stephen for failing to identify himself because he appeared impaired and wouldn’t open the car door. “We determined that during the arrest process the (shoulder) injury likely occurred.”
But how can fracturing a man’s shoulder be justifiable?
It isn’t. As they should, his family is calling on the SIU to reopen the case now that these tow truck drivers have come forward.
After reading last week’s story, Stephen’s mother called to thank the Woodbridge men. “I can’t believe how brave they are,” she says. “We think those guys should get a medal.”
And as she says that, she is fighting back tears, wishing her son had lived long enough to know he was not alone.
“I just want justice for my brother,” adds Gregory. “I think they should lose their jobs for sure. Nobody should be doing that. It was absolutely dreadful.”
michele.mandel@sunmedia.ca or 416-947-2231
Family wants answers after man badly injured in confrontation with cops
Columnists / Michele Mandel
This was her late son we were writing about.
Janet Gregory picked up the Sunday Sun last week and read in horror about an unnamed diabetic driver who was allegedly beaten by York Regional Police last year after he lapsed into a coma and was mistaken for being drunk.
She read about how tow truck drivers Rob and Andrea Mileto were coming forward to say they’d witnessed the whole thing and have been harassed by the cops ever since.
About how they were now willing to tell their disturbing tale to the Special Investigations Unit, which had previously looked into the May 14 incident and found no police wrongdoing.
Gregory read the story and wept, for it was her son Stephen who was badly injured that day.
It was her son, who she had just buried, and who would now never see the justice he sought.
Stephen Gregory, the 49-year-old father of four sons, died suddenly of an unrelated heart attack April 15.
Eleven months before, the small business owner was on his way to a Mr. Sub in Woodbridge when he lapsed into a diabetic coma and rear-ended another driver at Hwy. 7 and Weston Rd.
Andrea Mileto was in his tow truck that afternoon and went over to check on the accident.
The impact was so light that there was barely any damage to the other car’s bumper and the air bags hadn’t deployed. But the driver was unresponsive and his eyes appeared rolled back in his head.
Mileto called 911 and said the man seemed to be suffering from some kind of medical condition.
But when police arrived, Mileto says they seemed to become quickly frustrated that the dazed driver refused to get out of the car or identify himself.
His brother was watching from a nearby tow truck and they both claim they then saw one officer pummelling the man’s right arm and shoulder with his baton to loosen his grip from the steering wheel and at least two others punching him repeatedly after they dragged him out of his van and handcuffed him.
It was only after reading the brothers’ account of what they witnessed that Stephen’s family finally made sense of his extensive injuries.
Alan Gregory had rushed to York Finch Hospital after getting a call from police that his older brother had been in a minor fender-bender.
“He was an absolute mess, like he had been beaten up badly,” he recalls, as he scrolls through a CD of photos showing his badly bruised brother. “He had a huge welt on his forehead, bruised ribs and his shoulder was broken and in a sling.”
Stephen told them he couldn’t remember much.
“He had a memory of being pulled out of the van and being on the ground with cuts and gravel on his face and with handcuffs on him,” his brother says. “He was screaming at the officers to remove the cuffs because his shoulder was in extensive pain.”
He says an officer was in the hospital room and apologized for what had happened, saying the police thought Stephen was drunk. But his family and friends don’t understand how that would excuse what happened.
“He was only 150 pounds, he wasn’t a big guy,” says his best friend, Peter Johnson. “Just because people aren’t complying doesn’t mean you do this.”
York Regional Police deny there was any beating, but acknowledge that officers on the scene initially thought Stephen had been drinking and only later realized he was suffering from a severe drop in his blood sugar.
The injured man contacted a lawyer soon after and planned to sue the police, his family says.
“He was bloody angry and he was in a lot of pain,” his mom says. “He wanted to make sure that officers have special training so they can recognize the difference between a drunk person and a diabetic.”
SIU investigator Jon Ansell says they spoke to Stephen but he couldn’t recall much of what transpired. Andrea Mileto was also interviewed, he says, but gave a completely different statement than the one he’s offering now. “We exonerated the police based in part on what Mileto told us,” explains Ansell, who now plans to re-interview the tow truck driver.
The SIU, he says, found the police had a lawful reason to arrest Stephen for failing to identify himself because he appeared impaired and wouldn’t open the car door. “We determined that during the arrest process the (shoulder) injury likely occurred.”
But how can fracturing a man’s shoulder be justifiable?
It isn’t. As they should, his family is calling on the SIU to reopen the case now that these tow truck drivers have come forward.
After reading last week’s story, Stephen’s mother called to thank the Woodbridge men. “I can’t believe how brave they are,” she says. “We think those guys should get a medal.”
And as she says that, she is fighting back tears, wishing her son had lived long enough to know he was not alone.
“I just want justice for my brother,” adds Gregory. “I think they should lose their jobs for sure. Nobody should be doing that. It was absolutely dreadful.”
michele.mandel@sunmedia.ca or 416-947-2231
Police union president fined five days’ pay
Source:Toronto Star
By Rosie DiManno
Columnist
Mike McCormack, president of the Toronto Police Association, has been fined five days — or 40 hours — on his conviction of insubordination while a member of the police service.
His defence lawyer says McCormack is no longer a cop and the penalty can’t be extracted. “Mr. McCormack doesn’t work for the services anymore,” said Peter Brauti. “He’s turned in his badge. He’s turned in his gun. He’s paid by the police association.’’
The tribunal prosecutor says McCormack in on secondment to the union and the fine will kick in when — if — he returns to active duty. “You’re a police officer until you resign, retire or die,” said Insp. Scott Gilbert.
McCormack did not attend the sentencing Wednesday morning before Supt. Jane Wilcox, who also presided over last year’s Police Act hearing and found the 23-year veteran guilty of insubordination.
Wilcox accepted Gilbert’s submission that five days was an appropriate forfeiture on the charge, in which he cited similar cases in the past involving other officers. Five days, Wilcox agreed, fit “exactly within the range of penalties” for an officer with a commendable history of service and a high potential of rehabilitation, as well as satisfying the public interest and sending a message of deterrence.
McCormack, who won the union election last October with a narrow margin of 106 votes, told the Star he has no immediate intention of appealing the decision. “It’s an administrative charge, like not completing your paperwork or not wearing black socks with your uniform. I wouldn’t say it’s a blow to my professional reputation.”
He added: “I still believe the tribunal came to the wrong conclusion but I respect the process. I’m glad it’s over with.”
McCormack was charged for running the name of former Star reporter John Duncanson, an award-winning journalist who specialized in covering police corruption, through three law enforcement databases in January 2008.
At his hearing, McCormack testified that Duncanson had called him on his cellphone and requested a meeting. “He (said he) had information for me,” the officer told his hearing, adding that Duncanson told him he was facing impaired driving charges. McCormack claimed he checked the databases “to see if John was wanted or should be in court.”
Duncanson died in January 2009 after a long battle with alcoholism, leaving behind three young children.
Some of the stories Duncanson wrote involved McCormack’s brother, William Jr., who, along with one-time union head Rick McIntosh, had been indicted on corruption charges for allegedly soliciting and accepting bribes from nightclub owners in Toronto’s Entertainment District. Those charges were stayed when Justice Bonnie Croll ruled the two men’s right to a fair trial had been breached by the Crown’s excessive delays in bringing the matter forward.
The father of the McCormack siblings is former Toronto police Chief William McCormack Sr.
At his own hearing, Mike McCormack maintained that he’d checked the databases to see if Duncanson was “wanted or should be in court” before agreeing to meet him. He repeated that rationale Wednesday. “I didn’t want to be meeting John if he was wanted.”
But Wilcox, in finding McCormack guilty of insubordination, said she didn’t believe the claim that he was carrying out police duties when he ran the checks, pointing out McCormack had not consulted the two databases that would have information about outstanding warrants and court dates.
Gilbert alleged the checks were done for personal reasons; Wilcox said, regardless of the reason, she did not believe it was done for police-related cause. “His stated reason . . . is incongruent with common sense, logic and his subsequent actions.”
McCormack was also charged with illegally taping conversations with Duncanson but that charge was dropped earlier.
This was not Mike McCormack’s first Police Act experience. In 2004, he was charged for allegedly helping a friend, Jeffrey Geller — a car salesman with known mob ties — get back his licence to sell cars. He was cleared.
Duncanson’s widow, Kelly Duncanson, was present for Wednesday’s sentencing but took only minimal satisfaction from the outcome.
“When the references were made to previous police officers abusing the database, they were doing it for their own friends or families whereas in this instance Mr. McCormack’s brother was involved in a corruption allegation and McCormack was using the database to keep track of John and his whereabouts. John was living in fear because McCormack would know where to find him.”
John Duncanson, of course, was not alive to participate in the proceedings.
“What would John think?” Kelly mused. “I think there’d be a small degree of satisfaction, knowing that it was recognized that (McCormack) did perform searches outside his jurisdiction.
“But, honestly, John would be worried s---less after this — that they would come get him.’’
By Rosie DiManno
Columnist
Mike McCormack, president of the Toronto Police Association, has been fined five days — or 40 hours — on his conviction of insubordination while a member of the police service.
His defence lawyer says McCormack is no longer a cop and the penalty can’t be extracted. “Mr. McCormack doesn’t work for the services anymore,” said Peter Brauti. “He’s turned in his badge. He’s turned in his gun. He’s paid by the police association.’’
The tribunal prosecutor says McCormack in on secondment to the union and the fine will kick in when — if — he returns to active duty. “You’re a police officer until you resign, retire or die,” said Insp. Scott Gilbert.
McCormack did not attend the sentencing Wednesday morning before Supt. Jane Wilcox, who also presided over last year’s Police Act hearing and found the 23-year veteran guilty of insubordination.
Wilcox accepted Gilbert’s submission that five days was an appropriate forfeiture on the charge, in which he cited similar cases in the past involving other officers. Five days, Wilcox agreed, fit “exactly within the range of penalties” for an officer with a commendable history of service and a high potential of rehabilitation, as well as satisfying the public interest and sending a message of deterrence.
McCormack, who won the union election last October with a narrow margin of 106 votes, told the Star he has no immediate intention of appealing the decision. “It’s an administrative charge, like not completing your paperwork or not wearing black socks with your uniform. I wouldn’t say it’s a blow to my professional reputation.”
He added: “I still believe the tribunal came to the wrong conclusion but I respect the process. I’m glad it’s over with.”
McCormack was charged for running the name of former Star reporter John Duncanson, an award-winning journalist who specialized in covering police corruption, through three law enforcement databases in January 2008.
At his hearing, McCormack testified that Duncanson had called him on his cellphone and requested a meeting. “He (said he) had information for me,” the officer told his hearing, adding that Duncanson told him he was facing impaired driving charges. McCormack claimed he checked the databases “to see if John was wanted or should be in court.”
Duncanson died in January 2009 after a long battle with alcoholism, leaving behind three young children.
Some of the stories Duncanson wrote involved McCormack’s brother, William Jr., who, along with one-time union head Rick McIntosh, had been indicted on corruption charges for allegedly soliciting and accepting bribes from nightclub owners in Toronto’s Entertainment District. Those charges were stayed when Justice Bonnie Croll ruled the two men’s right to a fair trial had been breached by the Crown’s excessive delays in bringing the matter forward.
The father of the McCormack siblings is former Toronto police Chief William McCormack Sr.
At his own hearing, Mike McCormack maintained that he’d checked the databases to see if Duncanson was “wanted or should be in court” before agreeing to meet him. He repeated that rationale Wednesday. “I didn’t want to be meeting John if he was wanted.”
But Wilcox, in finding McCormack guilty of insubordination, said she didn’t believe the claim that he was carrying out police duties when he ran the checks, pointing out McCormack had not consulted the two databases that would have information about outstanding warrants and court dates.
Gilbert alleged the checks were done for personal reasons; Wilcox said, regardless of the reason, she did not believe it was done for police-related cause. “His stated reason . . . is incongruent with common sense, logic and his subsequent actions.”
McCormack was also charged with illegally taping conversations with Duncanson but that charge was dropped earlier.
This was not Mike McCormack’s first Police Act experience. In 2004, he was charged for allegedly helping a friend, Jeffrey Geller — a car salesman with known mob ties — get back his licence to sell cars. He was cleared.
Duncanson’s widow, Kelly Duncanson, was present for Wednesday’s sentencing but took only minimal satisfaction from the outcome.
“When the references were made to previous police officers abusing the database, they were doing it for their own friends or families whereas in this instance Mr. McCormack’s brother was involved in a corruption allegation and McCormack was using the database to keep track of John and his whereabouts. John was living in fear because McCormack would know where to find him.”
John Duncanson, of course, was not alive to participate in the proceedings.
“What would John think?” Kelly mused. “I think there’d be a small degree of satisfaction, knowing that it was recognized that (McCormack) did perform searches outside his jurisdiction.
“But, honestly, John would be worried s---less after this — that they would come get him.’’
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