Student died for a watch: “We are disappointed with the verdict,” says his mother

The family of a student who died after a sale gone wrong on Kijiji says they are disappointed with the guilty verdict against the police officer accused in this case. Officer Calvin Au, who was off duty the day Chadd Facey died, was acquitted of a charge of assault causing injury, but the judge found him guilty of simple assault.

Chadd Facey died following illness in mysterious circumstances on April 26, 2021 at the Hospital Brampton Civic after being confronted earlier in the day by two off-duty police officers.

Judge Jennifer Woollcombeof the Superior Court of Ontario, confirms that it is unknown whether the actions of the Gurmakh agents Benning and Calvin Au had any impact on the 19-year-old student’s death.

An agreed statement of facts submitted in this non-jury trial also indicates that the Crown was unable to allege that Facey’s death was caused by the interaction.

In the verdict she delivered on Wednesday, the magistrate described the accused as very bad witness whose account of events has left significant doubts about the credibility and reliability of his testimony.

Mr. Au’s testimony as a whole can be described as ambiguous, vague and stubborn.she continues in her judgment of around forty pages.

Calvin Au was charged with assault causing bodily harm after the original charges of manslaughter and aggravated assault were reduced.

The judge Woollcombe nevertheless stated that she could not say with certainty whether he had caused the hematoma which was later discovered on the forehead of Facey in the hospital just before his death.

In these circumstances, I cannot be satisfied beyond a reasonable doubt that the assault on Calvin Au caused the bruiseshe explains, specifying that she had then reached a guilty verdict for a lesser charge.

Family reactions

In a press release, the victim’s mother, Fay Faganwrites that the family lives every day with the loss of their son. No decision will bring us back Caddshe declares.

Although Officer Au was convicted of assaulting Caddthis is not the verdict we were hoping forshe continues. We are disappointed with the verdict.

Mme Fagan writes, however, that she is pleased that the judge’s conclusions will ensure that the police officer will continue to be held responsible for the death of her son.

The family’s civil lawyer, Asha Jamessays the criminal justice process was long and painful.

Relatives of Cadd know that no decision will bring him back to life or make things rightshe said in a press release.

The family respects the court’s decision, but of course they hoped for much moreshe mentions.

Me James recalls, however, that the magistrate recognized that the actions of agent Au were not only reprehensible, but criminal, which means, according to her, that even off-duty police officers cannot abuse their power and authority.

Reminder of events

The trial showed that agents Au and Benning had met Chadd Facey in the parking lot of a school Brampton after Benning made arrangements to buy the victim a watch Apple Sur Kijiji.

Agent Benning had paid $400 to buy it before discovering, after the young seller left, that it was counterfeit.

The two police officers then chased the student, splitting up to catch him. The agent Benning had reached him first and he was able to get his money back.

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Shortly after, Officer Au ran towards his colleague and the student and pinned the victim to the ground.

Friends of the student, whom he had called as he fled, then arrived on the scene seeing him lying on the ground.

Seeing the student, one of them started running towards him, apparently scaring the officers Benning and Ataccording to the words of the judge Woollcombe.

L’agent Benning had briefly called 911 before leaving with his colleague in his car.

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Friends of Chadd Facey initially thought he was suffering from some sort of medical distress and took him to the apartment of one of them, where his condition deteriorated over the course of two hours.

Realizing the student needed help, they took him home.

Shortly after 5 p.m., the student’s family noticed a bump on his forehead and took him to hospital, where he died of an intracerebral hemorrhage.

Police reactions

In a succinct email, Agent Au’s defense said it was disappointed with the verdict, but said it respected the legal process. She doesn’t add anything else, because the sentencing hearing has not yet taken place.

Toronto police declined to comment because the dispute is still before the courts.

The President of the Toronto Police Association, Clayton Campbellaffirms on the other hand that he respects the judge’s decision Woollcombe.

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The death of Chadd Facey is tragic for everyone involvedhe mentions in an email, adding that the defense is studying the judgment to see if an appeal is possible.

Our goal was to ensure that Officer Au was treated fairly throughout the process and we will continue to do so during sentencing representations and, potentially, during the disciplinary process that follows.he concludes.

Officer Au was charged in 2022 by his employer with several counts of professional misconduct for, among other things, failing in his duty to document the confrontation and report it to his superiors.