Toronto Chinatown grocer found not guilty
Last Updated: Friday, October 29, 2010 | 11:20 PM ET
CBC News
Related
Internal Links
David Chen, centre, flanked by MP Olivia Chow and his lawyer, David Lindsay, shows his relief Friday after being found not guilty on charges of assault and forcible confinement. (Patrick Morrell/CBC) A Toronto Chinatown grocer and his two co-accused have been found not guilty on charges of assault and forcible confinement.
David Chen, his cousin and his nephew were all charged in the case, which received national attention when it was discovered the trio were arrested after catching a thief who tried to steal from their store.
When their trial began earlier this month, all three pleaded not guilty.
On Friday, in delivering his verdict, Justice Ramez Khawly told the court that the case had become a cause célèbre, garnering attention from coast to coast.
He was critical of both the prosecution and the defence, but in the end he dismissed the charges against all three defendants.
Khawly said the accused were justified under the law in making the arrest.
Storeowners in Toronto's Chinatown say they're victimized daily by shoplifters and when they report the crimes police do not respond quickly enough.
They claimed Chen was the real victim.
Outside the courtroom a happy, relieved Chen faced a crowd of reporters and said, "I feel very, very, good."
With his local NDP MP, Olivia Chow, acting as intepreter, he told reporters he hopes the attention the case has drawn to the shoplifitng laws will lead to changes.
Supporters of grocery store owner David Chen stand outside Toronto's Old City Hall court on Friday morning. (Cheryl Krawchuk/CBC) "It will be good," he said in Cantonese, "if the law can change so storeowners are protected."
He added, "I just want to say thank you to everyone."
The charges stem from a May 23, 2009, incident in which Chen, owner of the Lucky Moose Food Mart on Dundas Street West, and the others apprehended a man who had been stealing plants from the store.
The man who was nabbed by Chen, Anthony Bennett, pleaded guilty in August 2009 to stealing from the store and was sentenced to 30 days in jail.
Bennett was initially caught on security footage stealing from the store, but he returned an hour later. At that time, Chen, 36, and the two employees tied up the man and locked him in the back of a delivery van.
When police arrived, they charged Chen with kidnapping, carrying a dangerous weapon — a boxcutter — assault, and forcible confinement.
Crown prosecutors later dropped the kidnapping and weapon charges, but proceeded with the charges of forcible confinement and assault.
According to the Criminal Code, a property owner can only make a citizen's arrest if the alleged wrongdoer is caught in the act.
Share Tools
Latest Toronto News Headlines
- Truck dangles on overpass after 401 crash in Ajax
- A section of Highway 401 is closed for hours after a tractor-trailer collides with an SUV, slides off the highway and hangs perilously over the roadway below. more »
- GO Transit train damaged by debris on tracks
- A GO Transit train is damaged after striking a short track section that appears to have been deliberately laid over the rails. more »
- Everest team unable to bring down Toronto woman's body
- Bad weather has hampered the recovery team that is attempting to bring down the body of a Toronto woman who died trying to climb Mt. Everest. more »
- Man shot dead in Oshawa
- A man in is mid-30s is dead after he was shot at a house in Oshawa on Friday night. more »
Top News Headlines
- Teen struck by lightning in Ottawa dies
- The victim of a Friday lightning strike during a storm in east Ottawa has died, CBC News has learned. more »
- Syrian children massacred by the dozens, UN says
- More than 90 people have been killed by regime forces in a district of central Syria, with the head of the UN team in the country confirming at least 32 children and 60 adults were killed in an artillery attack. more »
- Missing Winnipeg children found in Mexico
- Two Winnipeg children reported missing and possibly in Mexico have been found alive, according to unofficial reports from an agency that works to find missing people. more »
- Everest team unable to bring down Toronto woman's body
- Bad weather has hampered the recovery team that is attempting to bring down the body of a Toronto woman who died trying to climb Mt. Everest. more »
- Everest victim's husband says family not seeking government help
- Serial carjacker gets life term for fatal crash
- Highway 401 crash in Ajax closes eastbound lanes
- Timmins fire crews aided by calmer winds
- Toronto throws open its doors
- GO Transit train damaged by debris on tracks
- 'Gay-straight alliances' get green light under Ontario bill
- Man shot dead in Oshawa
- 'Save me' last words of Mount Everest climber

