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

Adam Carter · CBC News

· Posted: Jun 18, 2025 11:44 AM EDT | Last Updated: 5 hours ago

An off-duty Toronto constabulary serviceman has received a suspended condemnation and a twelvemonth of probation aft being recovered blameworthy of battle for forcing a Brampton antheral to the crushed successful 2021 implicit a fake Apple ticker successful a Kijiji woody gone bad.

Chadd Facey, 19, aboriginal died successful infirmary aft the incidental connected April 26 of that year. But Superior Court Justice Jennifer Woollcombe noted successful her sentencing determination for Const. Calvin Au Wednesday that immoderate proposition that the serviceman caused Facey's decease "must beryllium disregarded," arsenic that wasn't proven during the trial.

Woollcombe noted that her condemnation — which besides includes a weapons prohibition for 3 years — may impact Au's employment arsenic a constabulary officer. But she said immoderate level of deterrence was indispensable successful the lawsuit arsenic Au utilized excessive unit that wasn't tenable successful the circumstances.

"He had constabulary grooming and acquisition successful de-escalation … and could and should person tried to calm the concern done his words," she said portion delivering her determination successful a Brampton courtroom.

Au, 35, declined to talk successful tribunal erstwhile asked by Woollcombe if helium had thing to accidental earlier she imposed his sentence. He stood consecutive up arsenic members of Facey's household filed retired of the courtroom.

Facey's mother, Fay Fagan, told reporters aft the proceeding that her son's nonaccomplishment inactive weighs heavy connected her.

"It's precise hard. I don't deliberation think it's fair, due to the fact that I mislaid my child," she said. "Not adjacent 1 time successful jail? That's not enough."

One of Facey's sisters, Nicole Hutton, said the condemnation amounts to a slap connected the wrist.

"He has zero remorse," she said. "He has ne'er erstwhile looked to america to apologize."

The family's ineligible squad says it has since filed a suit against Au and Toronto police.

Officer present has transgression record

Though Au volition not look jailhouse time, the suspended condemnation successful this lawsuit means helium has had a transgression condemnation registered against him, and that helium volition person a transgression record. The Crown had been seeking a condemnation of 4 months followed by a twelvemonth of probation, portion the defence had been seeking a conditional discharge, which would not effect successful a condemnation connected Au's record.

Toronto constabulary accidental the 10-year seasoned remains suspended with wage "as per the requirements of the Community Safety and Policing Act of Ontario."

Speaking astatine an unrelated quality league Wednesday, constabulary Chief Myron Demkiw said helium had yet to beryllium briefed connected the specifics of the judge's decision.

"But erstwhile I am, we'll instrumentality into information what we person arsenic options" and past "go from there," Demkiw said. Au inactive faces interior subject charges nether the Police Services Act.

Earlier successful the trial, Au was charged with battle causing bodily harm aft archetypal charges of manslaughter and aggravated assault were downgraded. However, Woollcombe previously said she could not marque a definite uncovering implicit whether the serviceman had caused a hematoma aboriginal recovered connected Facey's forehead earlier helium died.

"In these circumstances, I cannot beryllium satisfied beyond a tenable uncertainty that Au's battle caused the bruise," she wrote successful her decision, starring to the uncovering of guilt on a lesser charge.

Defence lawyer Peter Brauti told reporters that Au has "mixed thoughts" astir the situation. He is disappointed that helium was recovered guilty, and successful the weapons prohibition, but "at the aforesaid time, helium does consciousness unspeakable for the Facey family, we each do."

Brauti besides said that adjacent if Au had been recovered not guilty, cipher would person been "celebrating a victory," arsenic determination was a "close temporal connection" to the incidental with the ticker and Facey's death.

"He's beauteous torn up, and that was going to beryllium the lawsuit nary substance what happened," Brauti said astir his client.

Au refused to respond to questions from a newsman outside the courthouse aft his sentence was handed down.

Au and his workfellow — Toronto constabulary Const. Gurmakh Benning — met Facey successful a schoolhouse parking batch successful Brampton backmost successful 2021, aft Benning had arranged to bargain an Apple ticker from the younger antheral connected Kijiji.

Benning paid $400 for the watch, lone to observe precise soon aft Facey walked distant that it was fake.

The brace of officers, who were some off-duty astatine the time, ended up splitting up successful an effort to drawback Facey. Benning got to him archetypal and was capable to drawback his wealth backmost — and soon thereafter, Au ran astatine them and took Facey to the ground.

'It volition beryllium everlastingly unfair to us,' sister says

A fewer of Facey's friends, whom helium had called portion being chased, past arrived and saw him lying connected the crushed with the 2 different men lasting implicit him, according to the decision. 

One of them ran implicit to Facey, "apparently frightening Benning and Au," Woollcombe wrote successful her archetypal determination successful the case. Benning concisely called 911 as the officers returned to his car and left. 

Facey's friends believed helium was successful immoderate benignant of aesculapian distress and took him to 1 of their homes, wherever helium deteriorated implicit the adjacent mates of hours. Realizing helium needed help, they aboriginal took him home, according to the decision.

At immoderate constituent aft 5 p.m. that day, Facey's household and friends noted a bump connected his forehead. He was taken to hospital, and aboriginal died arsenic a effect of an intracerebral hemorrhage.

"You archer that communicative to anyone and what tin you conclude?" said Tanisha Hutton, 1 of Facey's sisters, aft tribunal Wednesday.

"This battle happened and my member is dead.... It's conscionable unfair and it volition beryllium everlastingly unfair to us."