Off-duty Toronto cop found guilty of assaulting Dafonte Miller seeks to overturn conviction

TORONTO — Lawyers for an off-duty Toronto police officer found guilty in a brutal assault on a young man argue the conviction was unreasonable and should be thrown out.

Toronto police Const. Michael Theriault is appealing his assault conviction in the December 2016 incident that left Dafonte Miller with serious injuries.

His lawyers allege the judge who oversaw the trial made several errors and are asking the appeal court to enter an acquittal or order a new trial.

Read more: Toronto officer convicted in beating of Dafonte Miller pleads not guilty to discreditable conduct

Should the court uphold the conviction, they are also seeking to challenge Theriault’s nine-month jail sentence, arguing it is outside the normal range and fails to take into account certain mitigating factors.

Trending Stories

Story continues below advertisement

The defence appeal is being heard by videoconference today, while an appeal filed by the Crown is set to be heard Thursday.

Prosecutors are challenging Theriault’s acquittal on the more serious charge of aggravated assault and a charge of obstruct justice.

They are also appealing the acquittal of Theriault’s brother, Christian Theriault, on both those charges.

Football news:

Barcelona will sell 19-year-old winger de la Fuente to Marseille for 3.5 million euros
Wales defender Gunter: I don't know when the Euro will end for us, otherwise I would be rich
Chiesa Ob 1-0 with Wales: We proved that every Italian player can perform successfully
Denmark has an unusual coach-philosopher: he turned children's football around, looked for the principles of the national team with the former prime Minister
Football has become uninteresting. 60% of the time, players roll the ball in their own half. Honorary President of the Russian Federation Vyacheslav Koloskov shared his opinion about the entertainment of Euro 2020
Coach of Finland before Belgium: We can even take the first place in the group. Just fantastic
Atalanta can offer 20 million euros to Bologna for the defender of the Japanese national team Tomiyasu