Toronto cop gets suspended sentence, probation for assault over fake watch sale where man later died

An off-duty Toronto police officer has received a suspended sentence and a year of probation after being found guilty of assault for forcing a Brampton man to the ground in 2021 over a fake Apple watch in a Kijiji deal gone bad.

Chadd Facey, 19, later died in hospital on April 26 of that year. But Superior Court Justice Jennifer Woollcombe noted in her sentencing decision for Const. Calvin Au Wednesday that any suggestion that the officer caused Facey's death "must be disregarded," as that wasn't proven during the trial.

Woollcombe noted that her sentence — which also includes a weapons prohibition for three years — may affect Au's employment as a police officer. But she said some level of deterrence was necessary in the case as Au used excessive force that wasn't reasonable in the circumstances.

"He had police training and experience in de-escalation … and could and should have tried to calm the situation through his words," she said while delivering her decision in a Brampton courtroom.

Au declined to speak in court when asked by Woollcombe if he had anything to say before she imposed his sentence. He stood straight ahead as members of Facey's family filed out of the courtroom.

Facey's mother, Fay Fagan, told reporters after the hearing that her son's loss still weighs heavily on her.

"It's very hard. I don't think think it's fair, because I lost my child," she said. "Not even one day in jail? That's not enough."

Though Au will not face jail time, the suspended sentence in this case means he has had a criminal conviction registered against him, and that he will have a criminal record. The Crown had been seeking a sentence of four months followed by a year of probation, while the defence had been seeking a conditional discharge, which would not result in a conviction on Au's record.

CBC News has reached out to Toronto police for comment.

Earlier in the trial, Au was charged with assault causing bodily harm after initial charges of manslaughter and aggravated assault were downgraded. However, Woollcombe previously said she could not make a definite finding over whether the officer had 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 in her decision, leading to the finding of guilt on a lesser charge.

Au and his colleague — Toronto police Const. Gurmakh Benning — met Facey in a school parking lot in Brampton back in 2021, after Benning had arranged to buy an Apple watch from the younger man on Kijiji.

Benning paid $400 for the watch, only to discover very shortly after Facey walked away that it was fake.

The pair of officers, who were both off-duty at the time, ended up splitting up in an effort to catch Facey. Benning got to him first and was able to grab his money back — and shortly thereafter, Au ran at them and took Facey to the ground.