Officer convicted in Dafonte Miller beating resigns from Toronto police, avoids disciplinary tribunal

The manconvicted of beatingDafonte Miller has resigned from the Toronto Police Service and therefore won't face a disciplinary tribunal ruling.

Michael Theriault, nowa former Toronto police constable,was previously convictedof assault for a 2016 attack onMiller that caused him to lose an eye.

Theriaultwassentenced to nine months behind bars and was later acquitted along with his brother of additional charges of aggravated assault and obstruction of justice. Ontario's highest court upheld Theriault's conviction last year.

Theriault was previously suspended with pay, but was later suspended without payafter his sentence was issued in November 2020.

In a report released last November, Toronto police ChiefJames Ramer saidTheriaulthadbeen served with a notice of hearing under the Police Services Act, and that the force was seeking his termination.

Theriaultwas set to appear before the Toronto police disciplinary tribunal on Tuesday. However, his police act charges werestayed after the hearing officer learned thatTheriaulthad resigned from the service on April 19.

During the course of his criminaltrial, prosecutors alleged Theriault and his brother chased Miller in the early hours of the morning on Dec.28, 2016, and beat him with a metal pipe, leaving him with a ruptured eye and other injuries.

The defence, meanwhile, argued the brothers acted in self defence while trying to arrest Miller, who they said had been breaking into the family truck.