Trial begins for Toronto police officer accused of assault in fake Apple Watch deal

The assault causing bodily harm proceedings for off-duty Toronto constabulary Const. Calvin Au began successful a Brampton, Ont., courtroom Monday.

The judge-alone proceedings started with a little opening connection from Crown lawyer Catherine Weiler, who told Superior Court Justice Jennifer Woolcoombe that determination was an altercation betwixt Au and Chadd Facey. Facey was tackled to the ground, which caused bodily harm.

According to an agreed connection of facts, Facey advertised an Apple Watch connected Kijiji for $500. Const. Gurmakh Benning, who was a person of Au’s, responded to the advertisement and implicit the adjacent respective days negotiated with Facey a terms of $400 for the Apple Watch.

They arranged to conscionable successful the parking batch of Beryl Ford Public School connected April 26, 2021. Benning and Au travelled to 45 Ironshield Dr. successful Benning’s conveyance and erstwhile they arrived, Benning handed Facey $400 successful currency for what helium believed was an Apple Watch. Facey gave him a ticker and left. The ticker that Facey sold to Benning was a fake. It was past that the enactment took place.

Later that afternoon, a bump was detected connected Facey’s forehead and the 19-year-old died astatine Brampton Civic Hospital that night. According to the facts, “the crown is not successful a presumption to allege that Facey’s decease was caused by the enactment with Au.”

The Special Investigations Unit primitively charged Au with manslaughter and aggravated battle successful February 2013 but earlier this month, those charges were downgraded to a azygous number of battle causing bodily harm aft the Crown recovered determination was nary tenable imaginable of a conviction. Au is retired connected bail and remains suspended with pay.

On the basal Monday, Facey’s champion person Isaac Nkrumah testified that connected the time of the incident, he, Facey and different person were smoking weed and baccy extracurricular Facey’s house. Nkrumah said Facey came retired of his location with a container successful his hands and said helium had to spell woody with thing and they agreed to driblet Facey disconnected adjacent Beryl Ford Public School. Nkrumah said determination was a grey conveyance successful the parking batch wherever they dropped him disconnected and noticed 2 individuals but said helium didn’t cognize what it was about.

Nkrumah said a fewer minutes later, helium got a telephone from Facey to travel get him close away.

“He sounded similar helium was jogging and retired of breath,” Nkrumah said.

When they arrived, helium noticed Facey lying down connected the crushed and 2 individuals lasting there.

“I enactment his limb astir my shoulder. He was injured. He was limping and helium was retired of breath,” Nkrumah said, adding that Facey gave nary mentation for what had happened.

They went backmost to the different friend’s location connected Facey’s proposition earlier taking him location due to the fact that Nkrumah testified “he seemed similar helium wasn’t getting immoderate better.” He said they past drove him home, wherever Facey’s begetter noticed a knot connected his head, which helium hadn’t noticed before.

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During cross-examination, Au’s lawyer Peter Brauti suggested that Nkrumah knew precisely what was happening that day.

“You knew you were driving Mr. Facey to an Apple Watch ripoff, bash you agree?

Nkrumah disagreed.

Brauti besides suggested that helium pointed his hands similar a weapon and went down his waistband to marque the men deliberation helium had a weapon to scare them away. Nkrumah denied it.

Brauti suggested that each 3 men were successful connected the ripoff and Facey didn’t instrumentality location sooner due to the fact that helium didn’t privation his parents to find out.

Facey’s older sister was besides a witnesser for the Crown and spoke astir her member arriving location with Nkrumah and the different friend. Facey was sitting successful the beforehand rider spot of his friend’s car.

“He was successful and retired of consciousness. He had adust saliva connected his face. His eyes were rolling. He kept repeating, ‘I can’t consciousness my legs,’ and helium said helium was cold,” Renae Facey told the court.

Facey’s sister said her parent called 911 portion she stayed with her brother.

“The connection was precise limited. When they pulled him retired of the vehicle, helium made a large screaming noise. We noticed a hematoma the size of a 4th connected his forehead.”

Au has pleaded not blameworthy to battle causing bodily harm. The proceedings continues.