A 海角社区官网police constable who was previously disciplined for Tasering and kneeing the neck of a Black University of 海角社区官网student has resigned from the force and will no longer face misconduct charges related to a separate domestic violence case.聽
Last year, Seth Rietkoetter was warned that any additional misconduct before the police disciplinary tribunal would result in his firing. That warning came following his admission that he used unnecessary force in the high-profile 2021 鈥渕istaken identity鈥 arrest of student Hasani O鈥橤ilvie.
On Tuesday, Rietkoetter鈥檚 lawyer, Sandy Khehra, informed a 海角社区官网police disciplinary hearing officer that his client left the police service on April 22, resulting in a 鈥渓oss of jurisdiction鈥 in two ongoing police misconduct cases stemming from an assault on an ex-partner and allegations of impaired driving, also dating to 2021.
In a statement to the Star, Khehra said Rietkoetter 鈥渨as a proud member of the TPS and is proud of his service to the citizens of Toronto. Unfortunately, due to some of his experiences as a police officer, exasperated by personal circumstances鈥 he 鈥渄eveloped an alcohol addiction which ultimately led to his legal troubles.鈥
Khehra continued: 鈥淭o his credit, he has been clean and sober since his arrest and has willingly resigned from the 海角社区官网Police Service to focus his efforts on his recovery.鈥澛
U of T student Hasani O鈥橤ilvie was mistakenly arrested, repeatedly Tasered and pinned to the
According to police tribunal documents, Rietkoetter threatened to sexually assault his ex-partner in a home they were sharing in Springwater Township before 鈥渁 struggle ensued.鈥 The ex-partner then locked herself in the basement of the home and called 911, the documents say.
They continue to allege Rietkoetter was later found by Ontario Provincial Police and, during an arrest on suspicion of sexual assault and forcible confinement, was also suspected of driving impaired and twice blew well over the legal limit for alcohol. In June 2023, Rietkoetter pleaded guilty to assault and, according to the police documents, was handed a suspended sentence and placed on probation for three years.
He subsequently remained a police constable after the conviction.
Earlier in 2021, before the domestic violence incident, Rietkoetter was one of three 海角社区官网officers involved in the arrest of O鈥橤ilvie, who was taken down on his way to class after he identified himself in a mall parking lot on a hot summer day in 2021. In addition to shocking O鈥橤ilvie five times with a Taser on 鈥渄rive-stun鈥 mode, Rietkoetter used an unauthorized knee-on-neck manoeuvre, similar to what a Minneapolis police officer used in the murder of George Floyd.
After checking O鈥橤ilvie鈥檚 identification, which proved he was who he said he was and not the unrelated suspect officers were looking for in a domestic violence investigation, police apologized and let the art history student, who has no criminal record, go. Rietkoetter later apologized to O鈥橤ilvie鈥檚 mother at the resulting police disciplinary hearing in February 2024, which O鈥橤ilvie did not attend due to lasting trauma from the incident.
At that hearing, Rietkoetter pleaded guilty to using excessive force. He was demoted the following September.
A related lawsuit launched by O鈥橤ilvie and his mother, Christine Stought-O鈥橤ilvie, against the officers was settled, with the details not disclosed.
Parents Christine Stought-O鈥橤ilvie and Kenneth O鈥橤ilvie speak to the media along with their lawyer David Shellnutt, left, in a 2023 file photo.
Jim Rankin/海角社区官网StarThe case involved allegations of racial bias, but there was no finding of such at the tribunal. Police had been looking for a Black man with a 鈥渧iolent鈥 history and said they mistook O鈥橤ilvie for that man. O鈥橤ilvie verbally identified himself to the first officer to approach him, a sergeant who also pleaded guilty to a misconduct charge.
The incident was captured on police body-worn cameras, but the footage was not entered as an exhibit at the police tribunal and has not been seen by the public.
鈥淚 hope this is something that both you and your son are able to overcome. I recognize that this has had a significant impact on you, your son (and) the greater community,鈥 Rietkoetter said to O鈥橤ilvie鈥檚 mother the day of his plea. He also apologized to the police service for bringing it into 鈥渄isrepute鈥 and asked that his career not be judged by 鈥渢his very brief moment.鈥
The tribunal heard Rietkoetter was suffering from undiagnosed post-traumatic stress disorder at the time of the incident.
Hearing officer Supt. Shane Branton warned Rietkoetter at the time of his demotion that another brush with the tribunal would likely spell the end of his 海角社区官网police career.
鈥淚f he finds himself before this tribunal again, the service will no doubt seek his termination,鈥 Branton said.聽鈥淭his is his last chance to adhere to the expectations of a police officer.鈥
Rietkoetter was charged twice with police misconduct charges related to the domestic assault, in 2022 and again in 2023, and was to appear before the tribunal on those charges on Tuesday.
Having resigned, the police act charges are now moot.
In emails to the Star, O鈥橤ilvie鈥檚 mother and the family鈥檚 lawyer, David Shellnutt, both said that the police service should have removed Rietkoetter from duty. 鈥淭hough we are glad this individual will not be policing our communities, it lays bare the continued failings of the police accountability regime in Ontario,鈥 said Shellnutt.聽
