Toronto cop found guilty of assault over fake watch sale where Brampton man later died

An off-duty Toronto police officer has been found guilty of assault after forcing a Brampton man to the ground in 2021 over a fake Apple watch in a Kijiji deal gone bad.

Chadd Facey, 19, died in hospital later that day. But an agreed statement of facts from the judge-alone trial says the Crown was "not in a position to allege that Facey's death was caused by the interaction" with Const. Calvin Au on April 26 of that year.

In a ruling issued this week, Superior Court Justice Jennifer Woollcombe called Au, who has worked with Toronto police for nine years, a "very poor witness" whose testimony left her with "significant concerns about the credibility and reliability of his evidence.

"His evidence as a whole can accurately be characterized as unclear, evasive and argumentative," she said in her judgment.

Alexa Banister-Thompson, one of Au's lawyers, told CBC News in an email that they are disappointed with the result but respect the court process. She declined to comment further as the case is still before the courts.

In a statement, Toronto Police Association president Clayton Campbell said the union similarly respects Woollcombe's decision, calling it a "tragic case for everyone involved.

"Our goal from the beginning was to ensure our member was treated fairly throughout the process and we will continue to do that as we head into sentencing and, eventually, the internal disciplinary process that will follow," he said.

Au was charged with assault causing bodily harm after initial charges of manslaughter and aggravated assault were downgraded. However, Woollcombe said she could not make a definite finding over whether the officer caused a hematoma later found on Facey's forehead before he died.

"In these circumstances, I cannot be satisfied beyond a reasonable doubt that Au's assault caused the bruise," she wrote, leading to the finding of guilt on a lesser charge.

In a statement, Facey's mother Fay Fagan said her family still deals with the loss of her son every single day.

"No decision will ever bring Chadd back to us," she said. 

"While Constable Au was convicted of assaulting Chadd — this is not the verdict that we had hoped for. However, the findings that the Judge made about Constable Au, his actions and his testimony bring me hope that Constable Au will continue to be held accountable for his actions that day."

A Toronto police spokesperson said with the case still before the courts until sentencing is complete, Au remains with the force and is suspended with pay. He still faces internal discipline charges over the incident.

Au and his colleague — Toronto police Const. Gurmakh Benning — met Facey in a school parking lot in Brampton after Benning had arranged to buy an Apple watch from the younger man on Kijiji.