Charges dropped against cop who threatened to seize phone of man filming violent arrest

Charges have now been dropped against a Toronto police officer who directed that a bystander stop filming him during an arrest where a man was stomped on and Tasered multiple times.

The incident near Church and Dundas streets dates back to Jan. 24, 2017.

Video from the scene showed Eduardo Miranda directing other officers to deal with a bystander who was recording him.

One of those officers is seen on video threatening to seize the phone while another is seen telling the bystander that the person being arrested might give him AIDS by spitting in his face if he gets too close.

Wassem Khan, the bystander who filmed the arrest, filed a complaint about the incident with the Office of the Independent Police Review Director.

Miranda was eventually charged with unlawful or unnecessary use of authority and discreditable conduct under the Police Services Act after the OIPRD reviewed the case.

At a Toronto Police Disciplinary Tribunal on Tuesday, lawyers said the charges against Miranda have now been withdrawn following a mediation process.

In a statement read by his lawyer at the hearing, Miranda acknowledged that he was wrong to try and stop a bystander from filming the arrest.

“Sgt. Miranda wishes to acknowledge that on January 24, 2017 he had no authority or grounds upon which to prohibit Mr. Khan from video recording the police interaction with a member of the public,” lawyer Lawrence Gridin said on behalf of his client. “Mr. Khan was acting lawfully, was not interfering with the arrest in any way, and had every right to film the police in the course of an arrest. Sgt. Miranda regrets interfering with Mr. Khan’s attempt to film.”

The OIPRD’s mediation option allows a complainant and a responding officer to resolve a complaint with the help of a third party in order to avoid proceeding to an investigation process.

“I think both sides were happy with the outcome,” Gridin told CP24.com when asked whether Miranda was satisfied with the mediation process.

Speaking with CP24 following Tuesday’s hearing, Khan said he is satisfied with how the matter was resolved.

“It’s been almost two years and it’s finally settled and dealt with so I’m happy with the results,” Khan said.

“What I hope it will do is empower citizens to pull out their cell phones and record police officers if they feel that what they’re doing is not just or incorrect. We totally have the right to do that and we should be doing that. I almost feel like it’s somewhat of a civic duty to make sure that we hold police officers accountable.”

Khan’s lawyer, Selwyn Pieters, told CP24 that his client’s complaint was significant because it resulted in clarification from Chief Mark Saunders about the rights of the public to record police.

“An order has been passed down from the chief of police in writing – it’s called a routine order – that sets out the circumstances under which a citizen can record interactions with the police and steps that police can take if they want to obtain that video,” Pieters said.

“Overall the policy says that citizens are free to record any interactions with the police, unless they are obstructing the police in the execution of their duties. It also sets out how the police can go about obtaining the recording if they need it for evidentiary purposes. So that is one of the good things that came out of Mr. Khan’s complaint.”

Gridin said Miranda is no longer facing any sort of disciplinary action with regards to the arrest.