Detective father of Toronto officer charged in Dafonte Miller beating under investigation

A veteran Toronto police detective accused of intervening in the probe into the beating ofDafonteMiller on behalf of his sonalso a Toronto police officer is being investigated by the Office of the Independent Police Review Director (OIPRD), CBCNews has learned.

Det. John Theriaultis no longer with the force's professional standards unit pending the outcome of the investigation.

A complaint filed to the OIPRDin August alleges that Theriault, father oftwo brothers accused of repeatedly hittingMiller with a steel pipe last year, actively participated in a "cover-up" intended to further "the concealment of his sons'brutal crime."

The complaint alleges that Theriaultwas in contact with investigators in Durham Region, where the 20-year-old was attacked, and that he played a role in ensuring that the province's police watchdogwas not informed that one of the alleged attackers was himself an off-duty Toronto police constable. That information would have necessitated an independent probe into the incident by the Special Investigations Unit (SIU).

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The SIUwas not made aware of a Toronto police officer's alleged involvement in the beating until Miller's lawyer informed them some four months after it had occurred.

"My understanding is that [John Theriault] is no longer in the professional [standards] unit at this time," Mayor John Tory told reporters. Tory added that while he had no role in Theriault's reassignment, he feels it is appropriate given the circumstances of the case.

"That is the decision of the command structure, but I would say yes, to have this person removed from that particular area pending the results of these investigations is suitable."

The professional standards unit "is charged with the responsibility of promoting and supporting professionalism throughout the organization, which includes the practices, conduct, appearance, ethics & integrity of its members," according to Toronto Police Services website.

Miller's lawyer, Julian Falconer, contends that both Toronto and Durham police conspired to cover up the incident.

"Everyday that went by that the SIUwasn't contacted was another day the real investigation never started," he said. "Everyday was another day DafonteMiller was an accused person instead of the people that beat him."

Falconer added that he has provided information to the OIPRDalleging Theriault reached out to Durham Regional Police shortly after the incident.

"I want to know the nature of the communications the father had with Durham investigators," he said. "There has to be accountability."

TheOIPRDwould not comment on the specifics of the complaint lodged last summer, but it did acknowledge that it is "investigating a complaint alleging misconduct by a Toronto Police Service officer in relation to that officer's communication with another police service regarding a family member."

• Read the complaint

Tory did not comment on what positionTheriaultcurrently holds with the force. Falconer previously toldCBCToronto thatTheriaulthas been with Toronto police for more than 30 years.

Const. Michael Theriault and his younger brother, Christian, have been charged by the SIUwith aggravated assault, assault with a weaponand public mischief forthe early morning beating on Dec. 28, 2016 of Miller who suffered a broken nose, jaw, wrist and permanent vision loss in one of his eyes.

According to the original report filed by Durham Regional PoliceService officer who responded to the 911 call, the incidentoccurrednearTheriault'shome inWhitby, Ont.

Toronto Police Chief Mark Saunders has previously said that the professional standards unit was indeed aware of Michael Theriault's alleged role in Miller's assault, but it was decided that the unit would not contact the SIU. He denies that there was any attempt to conceal the details of the incident from the SIU.