Cop's manslaughter charge downgraded

Teen died after Kijiji deal gone bad with off-duty officer

- WENDY GILLIS

Fay Fagan visits the gravesite of her son Chadd Facey, who died not long after a physical altercation with two off-duty Toronto police officers. Crown prosecutor Sean Horgan told the court there is no longer a reasonable prospect of conviction on either manslaughter or aggravated assault charges.

Less than two weeks before trial, the manslaughter charge against an off-duty Toronto police officer laid in the death of a Brampton teen has been downgraded to assault causing bodily harm.

Crown prosecutor Sean Horgan told the court Friday that there was no longer a reasonable prospect of conviction on either the manslaughter or aggravated assault charges laid by the province’s civilian police watchdog last year against Toronto Const. Calvin Au in the April 2021 death of 19-year-old Chadd Facey.

Instead, the trial set for later this month will proceed on a charge of assault causing bodily harm. The count carries a maximum penalty of 10 years in prison.

In light of the downgraded charges, Au’s defence counsel asked to change from a jury trial to one in front of a judge alone.

Au remains out on bail ahead of trial and is suspended from the police service with pay, as is required by Ontario law.

Horgan provided reasons for the Crown’s decision to downgrade the charges, saying he wanted the public to understand.