A 海角社区官网police officer who Tasered a young Black university student and used an unapproved 鈥渒nee-on-neck鈥 restraint in what was described as a case of 鈥渕istaken identity鈥 has been demoted for a year, ordered to seek help from the service鈥檚 wellness unit and must attend human rights training.聽
Const. Seth Rietkoetter, one of three 海角社区官网police officers involved in the Aug. 12, 2021, arrest of Hasani O鈥橤ilvie, will lose about $10,000 in pay with the demotion from first-class constable to second-class constable.
Rietkoetter has a history of police misconduct involving alcohol and improper storage of firearms and has been diagnosed with post-traumatic stress disorder.
鈥淚f he finds himself before this tribunal again, the service will no doubt seek his termination,鈥 海角社区官网police Supt. Shane Branton, the adjudicating officer at Rietkoetter鈥檚 tribunal hearing, said in his decision, delivered Monday at police headquarters.
鈥淭his is his last chance to adhere to the expectations of a police officer.鈥
Rietkoetter arrived at a northwest 海角社区官网mall as two fellow officers were in the midst of arresting O鈥橤ilvie, who was on his way to class at the University of Toronto. The tribunal heard police were looking for a Black male suspect in a domestic incident, and though O鈥橤ilvie identified himself, he was thrown to the ground, had a knee placed on his neck and Rietkoetter used his Taser 鈥 which was set to 鈥渄rive-stun鈥 鈥 five times.
Drive-stun mode involves an officer holding and discharging the weapon in direct contact with a person鈥檚 body, akin to an electric cattle prod. This mode causes pain, but does not incapacitate.
Rietkoetter apologized to O鈥橤ilvie and his mother when pleading guilty to using unnecessary force.
海角社区官网cop admits misconduct for Tasering, kneeing neck of U of T student in 鈥榤istaken identity鈥 case
Student Hasani O鈥橤ilvie was on his way to class when he was thrown to the ground, had a knee
Branton noted the 鈥渦napproved鈥 neck restraint was the same manoeuvre used by police in the murder of George Floyd.
鈥淭he use of this technique was reckless and totally unacceptable,鈥 Branton said. 鈥淭he service hopes that the communities will recognize that the actions of Constable Rietkoetter are not reflective of the entire service.鈥
In delivering the decision, Branton appeared unaware of the media coverage the case has received after the story was first reported in the Star in early 2023.
Christine Stought-O鈥橤ilvie delivered an emotional plea for all police to treat her son and all Black men 鈥渨ith dignity鈥 at a February press conference following Rietkoetter鈥檚 guilty plea and another from Sgt. Rachel Saliba. Saliba鈥檚 penalty for admitting to unlawful exercise of authority in making an unnecessary arrest is expected to be released later this year.
A third officer who was facing misconduct charges over the incident, Const. Jillian Baquiran, was instead dealt with at the division level, where less serious disciplinary matters are handled.聽
While Branton acknowledged race in the Rietkoetter decision 鈥 saying 鈥渢he impact of police excessively using force on a person of colour has and will continue to impact the relationship between the police service and the communities it serves鈥 鈥 he found it was not a factor in Rietkoetter鈥檚 actions that day.
O鈥橤ilvie, who has no criminal record, was handcuffed, put in the back of a police car and then let go after his identification confirmed he was exactly who he said he was.
The tribunal heard Rietkoetter, a 17-year veteran officer, was disciplined for a 2017 incident where he was pulled over by the OPP while off-duty and had improperly stored firearms in his vehicle, and also had his licence suspended for three days when he registered an 鈥渁lert鈥 in an alcohol test.
Lawyer Noah Schachter, acting as prosecutor for police, and Rietkoetter鈥檚 lawyer, Sandy Khehra, jointly called for the penalty of a one-year demotion, which Branton accepted, noting that Rietkoetter had apologized and showed remorse.
Lawyer David Shellnutt, who represents O鈥橤ilvie, was disappointed in the penalty, calling it in a statement to the Star a 鈥渟lap on the wrist鈥 that 鈥渃alls into question the entire police accountability process.鈥澛
O鈥橤ilvie and his mother sued police, seeking more than $1 million in damages. The civil case has been settled, the terms of which are private.
Police body cam footage of the arrest has never been publicly released, though Shellnutt has seen it and has said it 鈥渕irrors Mr. O鈥橤ilvie鈥檚 claims.鈥
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