OSHAWA, Ont. - A Toronto police officer is testifying that he acted in self-defence when he repeatedly punched a young black man in the face and body, eventually causing the man’s eye to rupture.
Const. Michael Theriault acknowledged Tuesday that he caused Dafonte Miller's severe eye injury nearly three years ago, but said it happened as he was trying to disarm the teen.
Theriault, who was off duty at the time of the encounter, told the court Miller attacked him and his brother Christian after the pair caught him and another young man breaking into their parents' truck in the early hours of Dec. 28, 2016.
Asked why he didn't identify himself as a police officer at that point, Theriault testified he was focused on the situation at hand — particularly after seeing his brother get hit in the head with a metal pole or pipe.
"My first and foremost thought was, 'He has a weapon,' and I just wanted to make sure me and Christian were safe," he told the court.
The 27-year-old said he didn't know how many times he punched Miller, but said he struck the teen anywhere he could and as hard as he could.
"I was trying to distract him so he would at least loosen his grip on the pole," he said.
The Theriault brothers are jointly charged with aggravated assault in the incident that eventually caused Miller to lose his left eye.
They are also separately charged with obstruction of justice for the way they portrayed the incident to investigators. They have pleaded not guilty to all counts.
The now 22-year-old Miller testified last week that he was severely beaten with a pipe and that he never had a chance to fight back.
He told the court he was out walking with two friends when Michael and Christian Theriault started questioning them about why they were in the area. He said the pair began chasing him when he and his friends walked away.
Miller's lawyers have previously alleged outside court that race played a role in the attack.
On the stand Tuesday, Michael Theriault repeatedly denied hitting Miller with a pipe or seeing his brother do so.
He told the court the only person using the pipe as a weapon was Miller, drawing laughter and expressions of incredulity from some in the courtroom.
Theriault said he was not injured in the incident, but felt "general soreness."
In the accounts they gave separately to police after the incident, the brothers alleged Miller was the one wielding the pipe.
Both brothers told police they weren't injured during the encounter, though Christian Theriault said his head and limbs were sore.
In a second interview with police on Jan. 9, 2017, however, Christian Theriault said he had since been diagnosed with a concussion and continued to be sore.
The trial continues.
