Michael Federico

Constable Daniel Montsion was tried on charges of manslaughter, aggravated assault, and assault with a weapon arising from his role in the arrest of Abdirahman Abdi on July 24, 2016, in Ottawa.

Mr. Abdi died in cardiac arrest shortly after the arrest.

The Crown alleged that Constable Montsion unlawfully assaulted Mr. Abdi by punching him multiple times in the face and head while wearing hard-knuckled gloves, and that this assault was a significant contributing cause of Mr. Abdi's death.

The defence argued that Constable Montsion's use of force was legally justified under section 25(1) of the Criminal Code and that he did not cause Mr. Abdi's injuries or death.

After a 72-day trial, Justice Kelly found Constable Montsion not guilty on all charges, concluding that the Crown failed to prove beyond a reasonable doubt that his conduct was unlawful or criminally negligent, that he caused Mr. Abdi's nasal injuries, or that he caused Mr. Abdi's death.

The defendants, Michael and Christian Theriault, were charged with aggravated assault and attempting to obstruct justice following an altercation with Dafonte Miller, which resulted in Miller losing an eye.

The court found that Miller and his friends were "car hopping" and were caught by the Theriaults.

While the initial interaction and struggle were complex, the court found that Michael Theriault committed an unlawful assault when he struck Miller with a metal pipe after Miller was in retreat and seeking help.

The court found Michael Theriault not guilty of aggravated assault but guilty of the lesser included offense of assault.

Christian Theriault was found not guilty on both counts.

The charges of attempting to obstruct justice against both defendants were dismissed due to reasonable doubt regarding intent and the context of their statements to police.