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A former staff sergeant with the Thunder Bay Police Service (TBPS) has been sentenced to three years in prison after being found guilty of breach of trust and obstruction of justice.
Michael Dimini was charged by Ontario Provincial Police (OPP) in December 2023 with two counts of assault, breach of trust and obstruction of justice following a nearly two-year investigation.
Dimini, who has since resigned from the force, was found guilty of breach of trust and obstruction of justice in Thunder Bay’s Ontario Court of Justice in February. One of the assault charges was dismissed and he was acquitted of the other.
On Wednesday morning, Justice Michael Block handed him a three-year prison term on the breach of trust charge, and two years concurrent on the obstruction charge. He has not been required to submit a DNA sample.
“I’d like to apologize to everybody that has been affected by this,” Dimini, 46, told the court Tuesday, the first day of the sentencing hearing. “It’s been a pretty devastating part of my life.”
Dimini’s trial focused heavily on whether he had reasonable grounds to enter an apartment on Frederica Street in November 2020 where police were making arrests.
He showed up unannounced at the scene, while four other officers were outside, to retrieve a stolen TV and tools that belonged to his then father-in-law. He entered the building without a warrant, the court heard.
The court also heard Dimini went into the TBPS computer system and changed another officer’s report about what happened.
“There was no legitimate public purpose contemplated here. The motive was personal,” Block said.
In tears, Dimini spoke about the support he’s received from friends, family, doctors and mental health workers since he was charged.
“I’m sorry. Obviously, it’s something that I wish I could turn time back and adjust, but unfortunately I cannot — and here we are today,” Dimini said on Tuesday.
“I obviously will never, ever engage in any type of this behaviour ever again.”
Former police chief awaiting trial
Dimini’s sentence comes at a time when the TBPS is already facing significant scrutiny.
Former police chief Sylvie Hauth is making her way through the courts after being charged in April 2024 with obstruction of a public officer or peace officer, breach of trust by a public officer, and two counts of obstruction of justice.
Hauth, 59, was suspended in 2022 after the Ontario Civilian Police Commission (OCPC) brought misconduct charges against her under the Police Services Act. She retired in 2023 before those allegations could be tested in a hearing.
Meanwhile, former TBPS lawyer Holly Walbourne was found not guilty last month of charges of obstruction of justice and breach of trust. Walbourne and Hauth were originally to be tried together, but Hauth’s trial has been delayed due to her health.
Victim statement describes mistrust of police
Dimini’s sentencing hearing began with a victim impact statement Tuesday by Cassandra Stachiw, one of the residents of the Frederica Street apartment.
Stachiw was in an abusive relationship at the time with Derrick Turner. The court heard Turner was known to be linked to the drug trade.
Stachiw, Turner and a third occupant were arrested on Nov. 24, 2020. Dimini showed up at the scene unannounced in pursuit of Turner and the stolen items, court was told.
In Tuesday’s remarks, Stachiw spoke of the mental health challenges she’s experienced since the incident and her loss of trust in police officers.
“The anxiety I experience in the presence of police is not something I should feel,” she said. “My name is out there now and forever associated with this.”
Stachiw was cleared of any charges; Turner is serving a life sentence for his involvement in an October 2021 murder at another residence on Frederica Street.
‘Serious unlawful acts’
Vlatko Karadzic served as Crown prosecutor at Dimini’s sentencing hearing, while Mark Ertel and Michelle O’Doherty served as defence counsel.
Both sides agreed Tuesday that a sentence of between 15 and 18 months seemed appropriate; while the Crown sought imprisonment, defence advocated for Dimini to serve his sentence in the community.
O’Doherty argued that Dimini’s “character assassination” in the media should be considered a mitigating factor, and that his former employment with the police service puts him at greater risk of harm in a correctional setting.
As well, she added, Dimini has complex post-traumatic stress disorder, alcohol use disorder and major depressive disorder.
However, Block said these diagnoses were made after the November 2020 incident; “there is no evidence that these conditions led to the conduct for which I sentence him.”
Block described how police are sworn to uphold the law, and that his actions do not inspire confidence among the public in those meant to serve and protect them.
“Here we have unlawful acts, serious unlawful acts, committed by a senior officer who propagated multiple falsehoods to escape consequences,” Block said.
“We must ask ourselves the question, ‘How is the administration of criminal justice to inspire confidence of the citizens and the probity of other officers if the sentence imposed does not reflect the gravity of the betrayal?’”
