Toronto cop found guilty of misconduct for pointing gun at Black teens in infamous 2011 'Neptune Four' case

A provincial oversight agency found a Toronto police officer guilty of professional misconduct for pointing a firearm at unarmed Black teens in a high-profile incident more than 11 years ago, where four Black teens were accosted by police on their way to a neighbourhood mentorship program.

The decision, released last week by the Ontario Civilian Police Commission (OCPC), overturned a hearing officer's earlier ruling in 2021 at the Toronto Police Service (TPS) disciplinary tribunal. At that hearing, Const. Adam Lourenco and Const. Sharnil Pais were found guilty of unlawful arrest in the infamous "Neptune Four" incident in November 2011, which saw the arrests of three 15-year-olds and a 16-year-old who were heading to an evening mentoring session on Neptune Drive in the city's Lawrence Heights neighbourhood.

At the 2021 hearing, Lourenco was found guilty of two charges, but he was found not guilty of one other count of discreditable conduct. 

In a 29-page decision, a three-person OCPC panel ruled last Wednesday that Lourenco was in fact guilty of discreditable conduct for pointing his firearm at the teens outside of their home in the Neptune Toronto Community Housing complex and that the hearing officer's 2021 analysis was "flawed" and "infected by significant errors."

The decision determined that the use of force by Lorenco was unreasonable and "had the potential to damage the reputation of the TPS in the eyes of a fully apprised reasonable person."

Toronto police declined to comment on the decision Tuesday but a spokesperson confirmed to CBC Toronto that both officers are still employed by the force.

That evening in 2011, Lourenco and Pais drove up in an unmarked van, stopped the teens and asked them for identification — a practice known as "carding," which is now banned in Ontario.

Video footage from Toronto Community Housing captured the minutes that followed, showing Lourenco hitting one of the teens. When the teen's twin and two friends approach to stop the officer, the officer draws a gun and points it at them, the video shows.

WATCH | Surveillance footage captures arrest of four teens on Neptune Drive:

The governing body determined that Lourenco's actions did not meet the standard test to point his firearm, and that he did not have reasonable grounds to fear that serious bodily harm or death would occur.

As a result of the 2021 hearing, Lourenco's pay was docked 12 days, while Pais received a 3 day pay suspension.

During the hearing this year, the victims' lawyers argued that damaging and false stereotypes about Black youth and men, including the perception that they are dangerous, strong, and more likely to carry weapons, played a role in the rapid escalation and disproportionate force used by Lourenco.

"Nevertheless, the complainants believe that this case paves the way for future cases to consider the reasonableness of a police officer's use of force by drawing on the broader systemic racial dynamics," reads a Tuesday statement from Jeff Carolin and Nana Yanful, counsel for the complainants. 

The victims' lawyers say while it was already the law that any degree of racial bias would undermine the reasonableness of any detention or arrest, this is the first case in Canada that "specifically found that racial bias has the potential to undermine the reasonableness of a police use of force in police discipline proceedings."