海角社区官网

“He was limping and he was out of breath, and his clothing was dirty,鈥� Isaac Nkrumah, 22, told a full Brampton courtroom Monday, relaying the events of April 26, 2021, the day his childhood friend died.

Lying on the ground 鈥� minutes after Facey called Nkrumah urgently asking him聽“to come get him right now” 鈥斅燜acey appeared “roughed up” and “exhausted,” Nkrumah said. After he and another friend got Facey into a car, Facey deteriorated further, later complaining that he could not move his legs and was cold, court heard.聽

Hours later, he died in a Brampton hospital.聽

Nkrumah鈥檚 testimony Monday was the first witness account of the events that led up to what Crown prosecutors allege was a physical 鈥渁ltercation鈥� between Facey and Au 鈥� a clash that began with the sale of an Apple watch arranged over Kijiji.

The trial 鈥� changed at the 11th hour from a manslaughter case to one proceeding on a single count of assault causing bodily harm 鈥� will be a public airing of the circumstances that led up to the sudden death of the young man more than three years ago.

In a brief opening remarks, prosecutor Catherine Weiler said the Crown alleges Au pursued and assaulted Facey by tackling him to the ground after Facey sold his off-duty 海角社区官网police colleague, Const. Gurmakh Benning, a fake Apple watch for $400. Weiler said the Crown alleges the tackle caused Facey bodily harm 鈥� a hematoma on his forehead.

Though Facey died in the aftermath of the altercation, Weiler said the Crown is not alleging the altercation with Au caused Facey鈥檚 death.聽

Au has pleaded not guilty to one count of assault causing bodily harm. Wearing a dark suit, his head closely shaved, Au 鈥� who is suspended with pay from the 海角社区官网Police Service 鈥� sat quietly at a desk behind his lawyers, Peter Brauti and Alexa Banister-Thompson, on Monday, taking notes.

Au was originally charged with manslaughter and aggravated assault in Facey鈥檚 death in a rare example of an off-duty cop being criminally charged in an alleged homicide. The charges were laid last year by Ontario鈥檚 police watchdog, the Special Investigations Unit (SIU).聽

At a court appearance earlier this month, prosecutor Sean Horgan said there was no longer a reasonable prospect of conviction on either charge. Horgan explained that the forensic pathologist who initially concluded Facey鈥檚 cause of death was a brain bleed 鈥� but did not comment on the manner of death 鈥� had left her role.聽

The Crown鈥檚 office was informed late last month that chief forensic pathologist Michael Pollanen would take over the case. In Pollanen鈥檚 view, Facey鈥檚 death may have been 鈥渘atural鈥� or the result of a spontaneous brain bleed, though he acknowledged this would be a 鈥渞are event.鈥澛�

He told the Crown he 鈥渨ould not unequivocally state that the trauma was the underlying cause of death, because he was not sure that it was鈥� and would instead leave open the cause of death during testimony.

Horgan said because of the change in forensic pathology opinion, there was no longer a reasonable prospect of conviction on the original SIU charges.

Fay Fagan, Facey鈥檚 mother, recently told the Star the last-minute change in charges was “heartbreaking.”

On the stand on Monday, Renae Facey, Chadd鈥檚 older sister, said she had been with her brother the day before he died and he was completely healthy and uninjured.

By the time she saw him in the passenger seat of his friend鈥檚 car the next day 鈥� shortly after the altercation with Au 鈥� he was going in and out of consciousness, his eyes were rolling in the back of his head, and he had dry saliva on his face, Renae Facey said.聽

鈥淗e kept repeating, ‘I can’t feel my legs and I鈥檓 cold,’” she told the court.

Her mother, Fagan, called 911, summoning a fire truck and an ambulance, she said. When emergency personnel arrived, they took Facey鈥檚 vitals and his heart rate “was extremely high and breathing was fast paced as well,” she testified.聽

“When they pulled him out of the vehicle, he actually made a very loud screaming noise,” she said.

It was around this time that Renae Facey, alongside her parents, noticed that her brother had a hematoma 鈥� a pooling of blood 鈥� the size of a quarter at the centre of his forehead, she said.聽

“Did you see the bump (on his head) the night before?” Horgan asked.

“No,” Renae Facey replied.聽

The trial continues Tuesday.