In a startling court ruling, an off-duty Toronto police officer has been found guilty of assault, though not guilty of assault causing bodily harm, in an incident stemming from a Kijiji transaction that ended in tragedy. The case revolves around the sale of a counterfeit Apple Watch by 19-year-old Chadd Facey, who later died from injuries sustained during the altercation.

The fateful encounter took place on April 26, 2021. Constable Gurmakh Benning, who was off duty at the time, arranged to meet Facey after responding to a Kijiji advertisement where the teen was selling an Apple Watch for $400. Recognizing his need for assistance, Benning enlisted the help of his police partner, Constable Calvin Au, citing Au's expertise with technology to help authenticate the gadget.

The transaction unfolded in a public school parking lot in Brampton, where Benning discovered that the watch was fake. During the ensuing chaos, Facey attempted to flee, prompting a brief foot pursuit led by Au. Though Benning managed to recover his money, events escalated quickly when Au engaged physically with Facey, leading to a controversial takedown.

During the trial, Benning testified that Au had acted out of confusion, believing that Facey still had the money. However, Au claimed he didn't know the money had been recovered and was attempting to conduct an arrest. Troublingly, Au failed to identify himself as an officer during the incident—something that Superior Court Justice Jennifer Woollcombe found troubling.

Justice Woollcombe described Au’s testimony as lacking credibility—pointing out that his experience in law enforcement should have prevented such a lapse. She stated that the level of force he used was "excessive and unreasonable," and not justified by the objective of recovering the lost money.

Initially charged with manslaughter, the charges against Au were eventually reduced to assault causing bodily harm. However, the prosecution's case took a hit when it was acknowledged that they could not conclusively link Facey's tragic death to the confrontation with Au. Hours after the incident, Facey experienced severe symptoms, later diagnosed as intracerebral hemorrhage, which ultimately led to his death in the hospital.

The court concluded that while Facey likely sustained a head injury during the encounter, the lack of definitive forensic evidence left doubts about the direct cause. Justice Woollcombe stated, “I cannot be satisfied that the assault caused the bruise,” emphasizing the unclear nature of the evidence presented.

A sentencing hearing is set for January 6, where the repercussions for Au will be further examined. In the wake of the ruling, Au remains suspended with pay as the Toronto Police Association supports a fair treatment process for their member.

Clayton Campbell, president of the Toronto Police Association, expressed his condolences, stressing the tragic implications of the case for all parties involved. He indicated that Au's counsel would be reviewing the verdict to determine potential next steps.

This incident highlights ongoing concerns surrounding police conduct and accountability, stirring discussions about the implications of excessive force in law enforcement interactions. As the community grapples with the fallout, many are left questioning the broader impacts of such tragic encounters in policing practices.

Stay tuned for updates as this story continues to unfold!