Thunder Bay police sergeant's obstruction trial starts with former officer as first witness
Staff Sgt. Michael Dimini has pleaded not guilty to both charges
Thunder Bay Police Service (TBPS) Staff Sgt. Michael Dimini pleaded not guilty Monday at his trial for charges of obstruction of justice and breach of trust.
None of the charges against Dimini have been proven in court.
He was originally charged in December 2023 following a nearly two-year Ontario Provincial Police (OPP) investigation. He was originally also charged with two counts of assault — one was dismissed and Dimini was acquitted of the other.
The Crown said the breach of trust charge is based on a theory that Dimini went into an apartment on November 24, 2020, without authority to retrieve something stolen from his then father-in-law, and to arrest someone inside with an outstanding warrant.
Retired TBPS Constable Kelly Walsh took the stand Monday to describe his recollection of how a call that night to retrieve a stolen TV from a Frederica Street apartment descended into "chaos" when Dimini showed up unannounced.
Walsh said he saw a woman, who he would later find out is Cassandra Stachiw, on the stairs of the apartment building carrying a TV. Walsh said in court there was a warrant out for the arrest of Stachiw's partner, Derrick Turner. He added that Turner was known to be linked to the drug trade. Walsh said he and the other officers at the scene spoke to the woman to negotiate the return of the TV, but also tried to figure out if Turner was currently in the apartment.
Stachiw agreed to give them the TV, but didn't allow them into her apartment, Walsh said. Without a warrant or consent of the occupant, Walsh said they weren't legally allowed to enter, so they prepared to leave.
Walsh testified that Dimini, who had a higher rank, showed up at that moment to the apartment, and got into an argument with Stachiw. According to 911 calls played in the courtroom, the TV had been stolen from Dimini's then father-in-law.
"Chaos ensued," Walsh said.
He testified that Dimini went into the apartment without a warrant or lawful authority in order to look for Turner. Out of concern for Dimini's safety, Walsh said he and the three other officers followed the sergeant into the apartment.
"We really had no control of the situation when we went in there," Walsh said.
Once inside, Walsh said they found Turner hiding in a closet, another person sitting on a couch, and a third repeatedly flushing a toilet in the bathroom in what they believed was an attempt to get rid of illegal drugs. They arrested Turner, Stachiw and one of the other occupants. Walsh said there was yelling and that Turner resisted officers.
Witness alleges Dimini's report was 'fabricated'
The Crown said the charge of obstruction of justice by making false statements against Dimini is based on the notes and report Dimini wrote to support Stachiw's prosecution.
Walsh said after making the arrests, he was afraid they would get in trouble for entering the apartment without a warrant.
"When you believe you shouldn't be in there, and now you're wrestling with a guy, you're just fearful you've committed a violation of somebody's rights," he said.
Walsh described speaking to Dimini outside the apartment building after officers put the suspects into a police vehicle.
"His words were, 'it might be a charter breach, but it's no big deal,'" said Walsh to the court. Dimini visibly reacted to hearing this inside the courtroom, putting his hand to his forehead and audibly swearing.
Walsh said his account of events differs from Dimini's. "When I read his report, it was fabricated," he said.
The report written by Dimini about the arrest that night was attached to the agreed statement of facts submitted to the court. In it, Dimini said police saw Turner carrying a TV on the building stairs and run into the apartment. The report also said that when officers walked up to the apartment, Stachiw answered the door and was uncooperative.
"Police have the authority to enter her residence, as it was in fresh pursuit of Derek Turner," said Dimini in the report.
Security footage played in court showed a woman holding a TV in the apartment stairwell. Walsh testified that the woman was Stachiw. She is seen answering the front door of the building, and Walsh enters with the officers. Turner is not seen until later in the video, when he is brought out by police in handcuffs.
Cassandra Stachiw is scheduled as the next witness. Derrick Turner is currently serving a life sentence for his involvement in an October 2021 murder at another residence on Frederica street, according to court documents.
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