Const. Michael Theriault was off duty when he and his brother Christian encountered Dafonte Miller in Whitby, Ont., in the early hours of Dec. 28, 2016.
The brothers are jointly charged with aggravated assault in the incident that caused Miller, then 19, to lose his left eye. They are also separately charged with obstruction of justice for the way they described the incident to investigators. Both have pleaded not guilty to the charges. Miller testified before the judge-alone trial last fall, saying he was badly beaten with a pipe and didn't have an opportunity to fight back.
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