Toronto bike courier acquitted in assault case caught on video

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A Toronto bike courier has been acquitted of charges, including assaulting a driver during a 2019 altercation at a downtown intersection, after a judge found he was acting in self-defence.

Paolo Di Luciano was seen on video hitting a driver’s hand with a bike lock and pulling him to the ground — but Justice Mary Hogan found the video didn’t tell the whole story of how the altercation began, including “loud and continuous” threats from the driver.

“The actions and the clear continuing angry demeanour of the complainant were sufficient to cause the defendant to continue to be fearful of his safety,” wrote Justice Hogan in her reasons, explaining why she found Di Luciano not guilty on all counts.

“I find the requirements for a defence of self-defence…have been met and not been disproven beyond a reasonable doubt by the crown,” Hogan wrote.

Di Luciano is relieved to be vindicated after two years of having these accusations hanging over him, and hoped the judgement would clear his name, said Jag Virk, his lawyer.

“It severely damaged his reputation,” said Virk. “He was fired as a result and was unable to find anyone that was willing to hire him as a bike courier. Anyone that googled his name would just see the video and that he was arrested for a violent assault.”

The incident happened in the intersection of York Street and Bremner Boulevard on July 4, 2019. A 21-second video was posted to social media that appeared to show the confrontation.

Hogan found that the driver was stopped at the intersection, and the cyclist crossed in front of the car against a red light. She said the driver honked his horn, and the cyclist kicked his car with his foot. That’s when the driver got out of the car and threatened the cyclist, she found.

The prosecution had submitted that the kick by the cyclist had caused $5,000 in damage to the driver’s vehicle — but the judge didn’t buy that, finding the evidence of scratches on the car was not consistent with a kick and likely caused by something else.

And Hogan said the driver didn’t get out of the car to inspect the damage — he instead rushed to confront the cyclist, swearing and raising his hand.

“I find from the video Exhibit #1 that the complainant was yelling loudly and continuously at the defendant, ‘Come here you mother f******,” and did not even look at his car for damage before he closely approached the defendant, and that he was clearly angry and intending to confront the defendant,” Justice Hogan wrote.

That’s when Di Luciano can be seen hitting the driver, Brett New, with a bike lock and pulling him to the ground. Both parties bear responsibility for the incident, Hogan said, but added in context Di Luciano was acting in self-defence.

A violent act can be self-defence even if the accused strikes first as long as the person reasonably believes they are in danger, they are defending themselves, and the act is reasonable in the circumstances, the judge wrote.

“I find… that the video evidence can be interpreted as supporting the defendant’s testimony that he continued to fear for his safety, that he was attempting to protect himself by bringing the complainant to the ground and that in the circumstances his act — that of simply trying to pull him to the ground — was reasonable,” Justice Mary Hogan wrote in her reasons, explaining why she acquitted Di Luciano on all counts.

Virk said the incident should be considered a road rage incident.

“The lesson should be to stay in your vehicle, as once you get out to confront someone you may be seen as the aggressor and the other party can defend themselves if they reasonably fear for their safety,” Virk said.