Police video of eyewitness in death of Darcy Allan Sheppard

April 23, 2015

NOW Magazine has published new police video of Witness 9.12 in Michael Bryant’s killing of Darcy Allan Sheppard. The video is a police interview that took place a few hours after Bryant killed Sheppard.

Filmmaker Wayne Scott wrote an exclusive article for NOW regarding the release of this and other evidence in his upcoming documentary on the case.

From NOW:

“Much of what you will see and hear in Witness 9.12, the nine-minute video accompanying this story, is being viewed publicly for the first time.

Almost all of the material is from Toronto Police Service files relating to the 2009 investigation that led to criminal negligence causing death and dangerous driving causing death charges against former Ontario Attorney General Michael Bryant in the motor vehicle-related death of cyclist Darcy Allan Sheppard.

Virtually all of this information was buried from public view for five years after all charges against Bryant were withdrawn by Richard Peck, the specially-appointed, independent prosecutor from B.C. assigned to oversee the case.”

Darcy Allan Sheppard – Witness 9.12 from NOW Magazine on Vimeo.

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Bryant’s charges dropped but PR continues

June 21, 2010

There is a story in the Toronto Media Co-op about Navigator’s campaign on behalf of Michael Bryant

Special Prosecutor and PR Firm Navigator Involved in Other High-profile Scandals

Toronto Media Co-op, June 20, 2010

by GEORDIE GWALGEN DENT,

Toronto – Outcries of public rage met the announcement that Michael Bryant would not be charged in the death of Darcy Allen Sheppard, a Metis bike courier from Toronto.

Richard Peck, the special prosecutor assigned to the Bryant/Sheppard case, says that the public interest could not have been taken into account in his decision not to prosecute the former Provincial Minister.

“It doesn’t work that way,” said Peck in response to claims that he should have proceeded with charges in the public interest of accountability. “The responsibility on Crown Council is to review the case and see if it meets the threshold for prosecution. The public interest cannot trump the fact that case does not meet the threshold for prosecution…it’s in the Crown Council policy manual. If you don’t have a provable case, you can’t proceed.”

Peck has remained a popular appointment with Provincial governments. He has now been appointed to asses whether charges should be laid against the officers who killed Robert Dziekanski, the Polish immigrant killed after police tasered him five times 30 seconds after confronting him.

A previous statement from the BC criminal justice branch released by Stan Lowe, stated that they unanimously believed that criminal charges against the 4 officers were not necessary. Lowe was appointed as the BC Police Complaints Commissioner two weeks later.

Bryant’s car can be seen on public surveillance video (see below) striking Sheppard and then driving off with Sheppard attached to his car, yet the defendant claims that Sheppard attempted to attack him before he drove off in his car, killing Sheppard.

Read the rest of this story at the Toronto Media Co-op


This is justice?

June 3, 2010

By Bob Mionske

Bicycling Magazine’s Road Rights, June 3, 2010

original piece is here

Lawyer Bob Mionske at Bicycling Magazine published this well written piece about the case today.

When a cyclist is killed by a driver, justice is nearly always stacked toward the driver. And in this case in Toronto, the scales were tilted even more than usual.

By Bob Mionske

On August 31, 2009, the worlds of two strangers collided in the posh Bloor Street shopping district of Toronto. In the aftermath, one of those strangers, a bicycle messenger, lay dead, while the other stranger, the former Attorney General of Ontario and a rising political star, stood accused of causing the cyclist’s death.

About a year later, on Tuesday, May 25, 2010, Richard Peck, the special prosecutor appointed to try the case, dropped all charges against Michael Bryant, the former Attorney General accused of causing the death of bicycle messenger Darcy Allan Sheppard.

I can’t say I didn’t see this coming.

From the beginning, this case involved more than just an encounter between a cyclist and a motorist gone awry. As I noted in When Worlds Collide , issues of race, class, and power were a subtext to this case from the moment that Bryant shut off his car’s ignition in the driveway of a luxury hotel, after fleeing the scene where Darcy Sheppard lay dying in the street.

With these undercurrents, it was apparent that no less than the rule of law was at stake in this case. As explained in an article by Rick Bernardi that appeared in Dandyhorse :

The rule of law means that a nation is governed by laws, rather than by the caprices of the powerful few. It means, among other things, that nobody, rich or poor, powerful or powerless, is above the law. It means that even the powerless can find justice under the law, and that even the powerful can be brought to justice. It’s an idea that is ingrained in western society.

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The Peck Brief – Advocate for the Defence Part 1

May 27, 2010

Mess Media, May 27, 2010

Darcy Allan Sheppard and Michael Bryant

On May 25, 2010, special prosecutor Richard Peck announced that all charges against former Attorney General Michael Bryant would be dropped ruling that “there is no reasonable prospect for conviction in relation to either of the charges before the Court.”

Bryant had been charged with criminal negligence causing death and dangerous operation of a motor vehicle causing death in relation to the death of cyclist Darcy Allan (AL) Sheppard after a traffic altercation on August 31, 2009.

Most cases end with the ruling of a judge or jury but this case ended with the ruling of a single criminal defence lawyer acting as an independent prosecutor.

Peck released an eleven page brief analyzing some of the evidence and justifying his decision to drop the charges without a preliminary hearing of the evidence. His brief answered few questions but also raised many more.

We have separated Peck’s brief into the two parts. Part one focuses on the initial incident where Bryant’s vehicle rammed into Sheppard. Part two will begin where Sheppard grabbed on to the vehicle.

Summary

An analysis of Richard Peck’s brief reveals that he relied heavily on the unchallenged statements of Michael Bryant to come his decision to drop the charges. Peck cherry picked evidence to support Bryant’s claims and either suppressed or ignored alternative evidence that challenged Bryant’s version of the events.

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