Michael Theriault, centre, and his brother Christian, left, leave an Oshawa courthouse during lunch break on Oct. 29, 2019.Fred Lum/the Globe and Mail
A Toronto police officer convicted of brutally assaulting a young Black man has resigned from the force and as a result will no longer have to face a disciplinary tribunal hearing.
Michael Theriault, who was convicted of assault in the 2016 beating of Dafonte Miller in Whitby, Ont., was scheduled to appear before the Toronto police disciplinary tribunal Tuesday.
However, a hearing officer has determined that there is no longer jurisdiction in the matter after learning that Mr. Theriault resigned from the Toronto Police Service.
Prosecutor Alexandra Ciobotaru confirmed that Mr. Theriault resigned from the force on April 19.
During the course of his criminal trial, prosecutors alleged that Mr. Theriault and his brother cornered Mr. Miller and beat him with a metal pipe, leaving him with a ruptured eye, among other injuries.
The defence argued the brothers acted in self-defence while trying to arrest Mr. Miller, who they said had been breaking into the family truck.
The case spurred multiple protests against anti-Black racism and police discrimination.
Mr. Theriault, who was off-duty at the time of the incident, was sentenced to nine months in jail in November, 2020.
Our Morning Update and Evening Update newsletters are written by Globe editors, giving you a concise summary of the day’s most important headlines. Sign up today.