A Toronto police officer who allegedly confronted a teen after being sold a fake Apple Watch has been charged with manslaughter and aggravated assault in his death – a development the young man’s family called an important step in understanding what happened.
The Special Investigations Unit said Friday it had reasonable grounds to believe Const. Calvin Au, who was off-duty at the time, committed criminal offences in the death of 19-year-old Chadd Facey. The teen died hours after interacting with the officer, the SIU said.
An SIU investigation found that two off-duty Toronto police officers met and interacted with Facey in Brampton, Ont., on April 26, 2021, the SIU said.
“Later that day, Mr. Facey was transported to hospital by ambulance where he was subsequently pronounced deceased,” the SIU wrote in a statement.
Au is charged with one count of manslaughter and one count of aggravated assault. He is set to appear before the Ontario court of justice in Brampton on March 2.
Toronto police said Au, 33, has been with the force for eight and a half years and was most recently assigned to its 55 Division. He will be immediately suspended as a result of the charges per the Police Services Act, it said.
Toronto police disciplinary documents show that Au and fellow Const. Gurmakh Benning are both facing separate misconduct charges related to the their conduct during and after the interaction with Facey, as well as their failure to report their involvement.
Those disciplinary charges have not yet been tested at the police tribunal and police said that investigation will resume once criminal proceedings end. Benning has not been criminally charged.
According to the disciplinary documents, Au and Benning met with Facey in Brampton to buy an Apple Watch the teen had advertised on Kijiji. After the transaction, Au realized the watch was a fake and Benning drove to catch up with Facey, confronted him and demanded his money back, the documents allege.
They allege Au got out of the car and pursued Facey, who was running away, on foot. Benning allegedly told Facey to give him the money back and when Benning reached for it, Au allegedlytook the teen to the ground.
The documents allege Au “engaged in a struggle with the male on the ground” and “continued to try to maintain physical control of the male as the male continued to try to get up off the ground.”
When another man approached the area, Au and Benning allegedly ran to their car and drove away.
Documents related to Benning’s conduct allege he called 911 to report a “Kijiji deal that had gone bad” but did not identify himself as a police officer and later told the operator the matter had been resolved.
After Facey’s death at Brampton Civic Hospital, Peel police began an investigation and reviewed the teen’s phone records, which identified that Benning had interacted with him on the day of his death. Benning later told Peel police that Au had also been present when the incident took place.
“Neither you nor PC Benning notified anyone with the Toronto Police Service about your involvement in the incident in Brampton,” the documents state. “Your actions were discovered as a result of another Police Service’s investigation.”
Toronto police said it immediately notified the SIU once it learned about the off-duty incident in August 2021 – four months after it allegedly took place – and it will continue to fully co-operate through the court proceedings.
The internal investigation has been suspended while the criminal proceedings are ongoing, police said.
Toronto police will also conduct an administrative investigation by the police chief, as required by provincial legislation whenever the SIU investigates a case involving death.
“Any recommendations from these investigations with respect to procedures, governance and conduct will be carefully considered,” said Social Media Relations Officer Victor Kwong.
“As the matter is before the court, the service will have no further comment at this time.”
Au’s lawyer, Peter Brauti, said he and his client “are obviously disappointed that the SIU laid these charges.”
Lawyers representing Facey’s family said the Brampton teen suffered serious injuries, including to his head, as the result of the alleged assault by Au.
In a statement, Falconers LLP wrote that Facey’s mother, Fay Fagan, said her family has been waiting a long time to find out what happened.
“It has been clear to our family that there was some kind of misconduct that had occurred in respect of Chadd’s death,” she said. “We are happy to finally see that the officer is being held accountable for his actions.”
Asha James, the lawyer representing Facey’s family, said the charges represent an important first step for the family’s understanding of what happened.
“It is a clear message that whether on duty or off-duty, police are not immune from being held accountable for their wrongful conduct,” she wrote in a statement.
“This family has been suffering endlessly for two years, trying to understand what happened to Chadd and we are content that today, those responsible will be held to account for his death.”
When asked about the charges against Au, Toronto Police Association President Jon Reid said “any death is tragic and impacts everyone involved.”
“We will continue to ensure our member is treated fairly throughout the process,” he wrote in a statement.
This report by The Canadian Press was first published Feb. 10, 2023.
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This story was produced with the financial assistance of the Meta and Canadian Press News Fellowship.
