Sgt. Rachel Saliba, one of two 海角社区官网police officers who pleaded guilty to misconduct charges in the 鈥渕istaken identity鈥 arrest and Tasering of Hasani O鈥橤ilvie, a Black university student, was penalized with an eight-month demotion on Monday.
Saliba pleaded guilty earlier this year to an unlawful exercise of authority in making an unnecessary arrest that she initiated 鈥 even though O鈥橤ilvie had identified himself 鈥 triggering a violent take down of an innocent man.
As a supervising officer, Saliba failed to take a 鈥渓eadership role in a challenging situation when she should have, she failed to meet the standard of conduct expected of her, and violated her oath of office by making an unlawful arrest,鈥 Insp. Suzanne Redman, a 海角社区官网police adjudicator, found in her demotion decision.
鈥淧ublic trust is critical for effective policing and that trust is seriously damaged every time an incident such as this occurs,鈥 wrote Redman. 鈥淭he public expect and deserve better.鈥
The two other officers involved in the arrest have also been disciplined.
Const. Seth Rietkoetter, who also pleaded guilty to police misconduct, was demoted for a year from first-class constable to second-class constable in a decision released last month. He Tasered O鈥橤ilvie and used an unauthorized neck-on-knee restraint.
Const. Jillian Baquiran was later disciplined at the division level, where less serious disciplinary matters are handled.
A joint submission from Saliba鈥檚 lawyer and a police prosecutor called for Saliba to be downgraded to 1st-class constable for eight months. Redman accepted the penalty in her Monday decision, adding that as a supervisor, Saliba 鈥渨as responsible to prevent this type of incident, not enable it.鈥
The demotion amounts to about $13,000 in loss of base pay.
In addition, Redman ordered Saliba, who is on medical leave, to report to the service鈥檚 wellness unit after her return and seek any treatment as recommended, as well as taking any recommended police mentoring and leadership training.
On Aug. 12, 2021, police were looking for a different Black man, described by police as violent and wanted in a domestic incident involving a stolen phone, when Saliba, alone at first, spotted O鈥橤ilvie, who was on his way to class at the University of Toronto.
Saliba, who had a photo and name of the suspect, asked O鈥橤ilvie to identify himself and he did so verbally. Still, he was arrested, with the help of Baquiran and Rietkoetter, who Tasered O鈥橤ilvie and used a similar unauthorized knee-on-neck restraint U.S. police used in the murder of George Floyd.
Rietkoetter has a prior disciplinary history and was issued a 鈥渓ast chance鈥 warning by the tribunal last month that another finding of misconduct would likely cost him his job.
U of T student Hasani O鈥橤ilvie was mistakenly arrested, repeatedly Tasered and pinned to the
After seeing that O鈥橤ilvie鈥檚 identification cards proved he was who he said he was, Saliba immediately apologized to O鈥橤ilvie, who turned down offers of medical attention and a ride to where he was going. He instead walked home that day.
Noah Schachter, lawyer and police prosecutor in Saliba鈥檚 case, has told the tribunal that the supervisor breached the higher level of public trust expected of a sergeant and 鈥渕isused鈥 the powers she had been given.
Saliba, who has only positive notations on her service record, failed to stop the misconduct of her colleagues and then participated in the misconduct, including the failure to inform O鈥橤ilvie of his right to speak to a lawyer. 鈥淔ear and misunderstanding鈥 led Saliba to act as she did that day, her lawyer told the tribunal.
O鈥橤ilvie suffered soft-tissue injuries, depression and a diagnosis of post-traumatic stress disorder from the incident, the tribunal was told.听
鈥淭here is nothing I can say that will undo the harm that was done that day to Mr. O鈥橤ilvie,鈥 Redman said as she read aloud her decision Monday.
The tribunal heard that Saliba had been diagnosed with PTSD prior to the arrest due to previous work incidents.
Neither anti-Black racism nor race were noted as factors in the charges or agreed statements of facts around the officers鈥 guilty pleas, except that police were looking for a Black man who matched the description of O鈥橤ilvie.
Yet, race has been front and centre in the case for O鈥橤ilvie鈥檚 mother, Christine Stought-O鈥橤ilvie, and lawyer David Shellnutt, who represented the family at the police disciplinary hearings and in a civil suit against the police that has ended in an undisclosed settlement.听
They have asked why O鈥橤ilvie was not believed when he identified himself and questioned whether the same force would be used on someone who was not a young Black male.
Anti-Black racism has been acknowledged as a problem within 海角社区官网police, and by its own past chief, who apologized in 2022 after the force鈥檚 own data showed Black citizens are disproportionately subject to the use of force.
Shellnutt has said O鈥橤ilvie is the 鈥渉uman face鈥 of that data.
Redman did not find race to be a factor in Saliba鈥檚 behaviour.
鈥淭here is no indication, in any of the evidence provided, that Sgt. Saliba鈥檚 actual motivation and/or fear was as a result of anti-Black sentiment,鈥 said Redman.
Both officers offered apologies to O鈥橤ilvie鈥檚 mother 鈥 Rietkoetter in person and Saliba via a brief statement read out loud by her lawyer.
In an email to the Star, Stought-O鈥橤ilvie said the disciplinary proceedings all felt 鈥渧ery mechanical,鈥 and found the adjudicator鈥檚 order of a wellness check-in for Saliba 鈥渋ronic.鈥
鈥淲hat about the quote unquote victim?鈥 she asked?
Shellnutt said it was 鈥渃oncerning鈥 the adjudicator听did not consult the footage in arriving at the penalty. None of the footage was entered as evidence in the misconduct hearings.听
Monday鈥檚 decision was positive in 鈥渟ome ways, but another missed opportunity鈥 to address 鈥渢he role anti-Blackness plays in use of force interactions with Black Torontonians,鈥 he said.听
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