By The ruling was in response to the officers’ treatment of four Black teenagers in a random stop in November 2011. As a result of the incident, which occurred at the Neptune Housing complex in Toronto's Lawrence Heights neighbourhood, the teens became known as the Neptune Four.
Background
In November 2011, four Black boys aged 15-16 were walking in their housing complex to attend a youth event at a nearby community center when the two police officers, Const. Adam Lourenco and Const. Sharnil Pais, pulled into the parking lot in an unmarked police car. The teens were identified by initials only because they were not adults. In a random stop which was not precipitated by any suspicious activity, a 911 call, or other justification, Lourenco began talking to the boys and asking to see their ID, a practice known as carding which is now banned in Ontario.
Within 30 seconds of initiating conversation with the teens, Lourenco grabbed B.A. and placed him under arrest for the non-existent offence of failing to identify himself under the Trespass to Property Act. The facts showed that B.A. was not hostile, but “Lourenco sought to exert control over B.A.” and “escalated the situation unnecessarily.” Lourenco punched B.A. twice, once in the body and then to his head, after which he fell to the ground. Lourenco testified that he punched B.A. only once, but the body camera and surveillance footage confirmed two strikes.
{https://www.youtube.com/watch?v=5_TEOzI0swo}
The two other teens were shocked. They moved towards the officers and asked what Lourenco was doing. Pais called and reached out for them to stop. In response to their movement, Lourenco drew his firearm and pointed it at the teens. He immediately re-holstered when they stopped moving. Nonetheless, it was traumatic: one teen later testified that he thought he was going to die at that moment. Pais and Lourenco then handcuffed B.A. while the other teens remained sitting on the ground as ordered. Lourenco used his knee to drop his full weight onto B.A.’s back, pinning the teen to the ground. The other three teens were arrested for the offence of assaulting a police officer.
Legal Conclusion & Consequences
As a result of these events, the officers were found guilty of the following offences:
- Officers Pais and Lourenco were both found guilty of misconduct for unlawfully arresting Y.B. and M.M.;
- Officer Lourenco was found guilty of misconduct for pointing a firearm at Y.B. and M.M.; and
- Officer Lourenco’s guilty finding was affirmed concerning misconduct for using excessive force by punching B.A.
Before the appeal to the Commission, the officers had already been found guilty of all but Lourenco’s misconduct concerning pointing the firearm. As a result, Lourenco’s pay was docked 12 days and Pais received a 3-day pay suspension. Both officers are still employed by the force.
The Commission has invited the parties to argue whether it is in the public interest to reconsider the penalty Lourenco received given that he has now been found guilty of the additional count of discreditable conduct, and if so, what the new penalty should be.
