海角社区官网

“We deserved more time with him. I will never stop mourning Chadd.”

Facey’s mother and three sisters read victim impact statements, including one on behalf of Facey’s father, at a sentencing hearing in a second-floor Brampton courtroom Monday.聽

Facey, 19, died of a brain bleed hours after he was tackled by an off-duty 海角社区官网police officer in April 2021.聽

Superior Court Judge Jennifer Woollcombe earlier found Const. Calvin Au guilty of assault, though not responsible for Facey’s death 鈥� a rare conviction for a police officer in Ontario.

Now he faces punishment for that crime. A date for that decision has been scheduled for June 18. Au is currently suspended with pay.

Au had accompanied his colleague Const. Gurmakh Benning 鈥� both off-duty 鈥� to a Kijiji sale for an Apple watch. When the officers realized the device was a fake, they chased after Facey. Au tackled the teen to the ground in a suburban park in Brampton. Benning was not charged.

The Special Investigations Unit (SIU) 鈥� which looks into all incidents of bodily harm involving police officers 鈥� charged Au with manslaughter and aggravated assault after Peel police learned of the 海角社区官网officers’ involvement.

But two weeks before the trial was set to begin, the charges were downgraded to just one count of assault causing bodily harm.

Woollcombe, in her judgment, said she found Au鈥檚 explanation for why he tackled Facey 鈥渦nreliable鈥� and 鈥渂izarre鈥� and that the force he used against the teen was unreasonable.

But the judge said while it was 鈥渓ikely鈥� Facey鈥檚 forehead was bruised as a result of being tackled by Au, she could not, beyond a reasonable doubt, rule out the injury had been caused earlier or following the incident.

Crown prosecutor Sean Horgan argued Monday that four months in jail and 12 months of probation would be an appropriate sentence for Au, saying deterrence and denunciation are important principles to consider when a police officer breaks the law and breaches public trust.

Horgan said Facey had stopped fleeing and Au’s colleague, Benning, had already retrieved the $400 he paid for the counterfeit watch, when Au tackled the 128-pound, unarmed teen to the ground.

Au’s defence lawyer, Peter Brauti, argued a civilian with no criminal record would likely not face jail time for the same crime. He argued instead that an absolute or conditional discharge 鈥� which comes without a criminal record 鈥� would be appropriate.

Brauti noted the judge had聽found Au had the legal right to hold onto Facey in that moment, but not to take him to the ground, making it difficult to gauge 鈥渉ow far over the line he really was.”

Any criminal sentence involving time spent in custody or one that included a weapons ban would certainly result in Au’s firing from the service, Brauti said, noting the officer still faces a police tribunal hearing for non-criminal charges related to the assault that could also lead to his dismissal regardless of what the Superior Court decides.

Au is also being internally investigated further by the 海角社区官网police for the testimony he gave at the criminal trial, Brauti revealed, which is also on hold pending the criminal case.

In addition, Au was the subject of a watchdog investigation after he shot and injured two racialized young men聽a month after tackling Facey. The SIU, which investigates all incidents of bodily harm involving police, cleared him in that case. But after a judge found Au had acted unreasonably in using lethal force, the SIU has said it is reviewing the case to see if it warrants reopening.

The hearing Monday began with Facey’s mother and three sisters, at times wiping away tears, describing the son and little brother they’d always dreamed of 鈥� the boy whose hair they braided, who they prepared turkey sandwiches for and who they tried to protect.

His sudden death left his family reeling, with COVID-19 restrictions keeping them out of the hospital as he was dying and limiting the number of people who could attend his burial.

Facey 鈥� the youngest of four, his mother鈥檚 only son, and uncle to two young girls 鈥� was a psychology student and aspiring hip hop artist under the name DPA Face.

His mother, Fay Fagan, told the court she had a “funny” feeling in her stomach the day of the assault. Sitting at the family’s dining room table, she waited for a text back that wouldn’t come.

Facey was brought into the house, clearly suffering, with a bruise on his forehead.

“This was traumatizing to watch but I felt the need to help him so I remained calm,” Fagan said. He was taken to hospital, where he died.

“Chadd was assaulted not by a random act of violence but an individual in a position of trust and authority,鈥� his mother said.

She continued: 鈥淥ur faith in the system that (is) supposed to uphold justice and accountability has been shaken.鈥�

She talked about watching her son’s casket being lowered into the ground, as she was made to stand at a distance, and visiting her son’s grave every day. She addressed Au directly, as the officer, in a dark suit, looked forward, completely still, throughout the statements.

“We want to tell his story and we seek change because no mother should have to endure what I鈥檝e gone through.”

Facey’s sisters echoed a loss of trust in and fear of the police, condemning incidents of brutality on young Black men.

“Please aid in breaking the cycle,” Tanisha Hutton, his oldest sister told the judge. “I leave the sentencing in your capable hands.”

They spoke of having to be medicated, of receiving counselling and missing or losing work as they grieved their brother’s loss. They described a pain that does not end.

“What we seek now is accountability,”聽Facey’s youngest sister, Renae Facey, said.聽“My brother mattered. His life mattered.”聽

鈥淢y brother should still be here today.”

With files from Wendy Gillis