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Police watchdog finds misconduct in arrest of Toronto man filmed on camera

Police watchdog finds misconduct in arrest of Toronto man filmed on camera
From Global News - August 10, 2017

An Ontario police watchdog says it has found evidence of discreditable conduct and excessive force after Toronto officers threatened to seize a mans cellphone as he filmed police Tasering a prone suspect.

The Office of the Independent Police Review Director (OIPRD) launched an investigation after Waseem Khan filmed part of an assault suspects arrest in January. The male suspect was wanted after police said they received a report that he spat on a staff member at a nearby homeless shelter. A female officer later found the man and he then allegedly spat on her and punched her in the face, knocking her to the ground, police previously said.

READ MORE: Police threaten to seize Toronto mans phone as he films officer Tasering prone suspect

The video, which showed the arrest after the two alleged incidents, appeared to show an officerlater identified as Sgt. Eduardo MirandaTasering and planting his foot on the male suspect as he yelled, Stop resisting, before two other officers threatened to seize Khans phone. Miranda told fellow officers, Get that guy out of my face, please, while pointing at Khan, who was standing on a sidewalk, a short distance away from police.

Khan subsequently filed a complaint about the incident with the OIPRD. The agency sent a summary letter to Khan on July 21, which Khan provided to Global News, that said two allegations of unlawful exercising of authority and discreditable conduct have been substantiated as serious.

Sergeant (Eduardo) Miranda used excessive force against the affected person, director Gerry McNeilly wrote, referring to the arrest of the suspect.

He also said Miranda improperly directed a constable to interfere with your lawful presence in the area of the incident and with your lawful recording of the incident. McNeilly said that direction brought discredit on the reputation of the Toronto Police Service.

McNeilly also substantiated two other allegations as less serious.

In his letter, McNeilly said the two constables who made the statements on camera toward Khan brought discredit to the police service. On camera, a male officer could be heard on camera saying, [The suspect]s going to spit in your face, youre going to get AIDS. Stop recording or Im going to seize your phone as evidence and then youre going to lose your phone. A female officer also threatened to seize the phone.

WATCH: Toronto police threatened to seize phone of a witness who recorded officers making arrest. (Jan. 24)

McNeilly also said Miranda and five constables failed to activate the in-car camera system microphones after arriving contrary to police orders, which he called neglect of duty.

In an interview with Global News Thursday evening, McNeilly said he personally reviewed the complaint.

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