A Toronto police officer and his brother charged in the beating of Black teen Dafonte Miller are accused of misleading investigators, according to newly obtained court documents.

The charges against Michael Theriault, a 25-year-old constable with the Toronto police force, and his 21-year-old brother, Christian Theriault, include aggravated assault and assault with a weapon in relation to the incident, which took place Dec. 28 in Whitby.

Both men were also charged with public mischief. According to information filed in court, the Special Investigations Unit alleges the Theriaults “did with intent to mislead, cause a peace offer to enter upon or continue an investigation and thereby commit public mischief.”

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The date of the alleged offence — Dec. 28 — suggests that the SIU, a police oversight body, is alleging Theriault and his brother misled Durham police officers, who responded to the scene in the early morning hours. The SIU was not informed of the incident until April. Neither the SIU nor Durham police would comment Tuesday.

According to the section of the Criminal Code under which the Theriaults have been charged, someone has committed public mischief if they report an offence that hasn’t occurred, make a false statement accusing someone of an offence, or do anything meant to cause someone to be suspected of a crime or “divert suspicion from himself.”

The brothers are currently out on bail and scheduled to appear in court on Aug. 10. Michael Theriault has been suspended with pay from the Toronto police.

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