Canadian True Crime - Collision Course: The Darcy Allan Sheppard Case (2)

Episode Date: August 21, 2024

[ Part 2 of 4 ] How the Media FailedIn the wake of Darcy’s death, a crisis PR firm succeeds in influencing the media – and public perception – with misleading and false information.In this new four-part series, edited and re-mastered, you’ll hear a story of elites vs peasants, cars vs bicycles, and wealth and privilege vs poverty and crime. It’s a cautionary tale of how justice works differently in this country for some people.Release schedule: New episodes each day with the final episode on Friday August 23.Listen ad-free and early: The entire series is available ad-free on our premium feeds - Amazon Music (included with Prime), Apple Podcasts, Patreon and Supercast.INVITATION: 15th Annual Memorial Gathering - TorontoPlease join us Saturday, August 31 at 3 p.m. at the spot where Darcy died at 151 Bloor Street West. There’s a white Ghost Bike opposite Tiffany & Co and close to Bloor St and Avenue Road.Special thanks to Allan Sheppard, Joe Hendry and Victoria (the eyewitness). Thanks also to writer Mary Fairhurst Breen for editing and creative direction on this reboot series.Please respect the privacy of those involved in this case.Full list of information sources, resources and credits:All the documents, evidence, statements, reports and news articles we’ve relied upon to write this series are available at www.canadiantruecrime.ca/episodes/darcy. Hosted on Acast. See acast.com/privacy for more information.

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and mysterious turns as Steve Martin, Martin Short and Selena Gomez return as our favorite unlikely yet iconic trio of amateur true crime podcasters and investigators. They usually only cover murders that happen in the building they live in in New York, but now their investigation takes them all the way to Los Angeles where a Hollywood studio is making a film about their podcast. There's glitz and glamour with an iconic star-studded line-up also featuring Eugene Levy, Zach Galifianakis, Eva Longoria, Jane Lynch and Meryl Streep.

But under the surface a new mystery is unfolding. Who tried to kill Charles? Don't miss season 4 of Only Murders in the Building, streaming August 27 on Disney+. Sign up for Disney Plus today. advertising. You can listen to Canadian true crime ad free and early on Amazon music included with Prime, Apple podcasts, Patreon and Supercast. The podcast often has disturbing content and coarse language. It's not for everyone. Please take care when listening. Where we left off, 911 dispatch lit up with calls coming in about a mysterious altercation between a cyclist and the driver of a convertible. No one seemed to know what this altercation was about, but multiple people witnessed the next part of the incident, shocked to see the convertible take off and cross over into

the opposing lane, while the cyclist ran after it and hung on to the driver's side door. Witnesses saw the Saab skim the curb as it continued along the wrong side of the road, with Darcy Allen Shepard hanging on to the driver's side door. There was no oncoming traffic, but Darcy hit several stationary objects on the curb, which dislodged him from the car. He was sent into the air and crashed onto the road where he was found lying in a widening pool of blood with severe injuries, fatal injuries as it turned out. Michael Bryant had driven the car around the corner and was parked at the nearby park Hyatt just a couple of hundred meters away. Three minutes after arriving he called 911,

but his story was that the cyclist had attacked him. Michael Bryant was arrested and taken to the station, but he gave no further information to police and refused to give a statement, which was of course his absolute right under the Canadian Charter of Rights and Freedoms. What he did do at the station was have his personal assistant start making various arrangements, and soon after he had retained Toronto Crisis Management public relations firm Navigator Limited to protect his reputation and public image. to limited to protect his reputation and public image.

So that was August 31st, 2009, day one. The next morning, the media was abuzz, frantically chasing more details and tracking down eyewitnesses in an effort to piece together what exactly had happened. Cyclists killed in Yorkville hit and run was one early Globe and Mail headline, followed by one that read, Flowers and notes mark Toronto Memorial for cyclists. A photo had been snapped of Michael Bryant in the back of the police cruiser from the night before, looking as columnist Christy Blatchford would put it, exactly as all of us would look, looking, as columnist Christy Blatchford would put it,

exactly as all of us would look, pale, sweaty and frightened. The media were eagerly awaiting news as to whether there would be any charges laid. They wouldn't have to wait long. At about 11.30 that morning, he emerged on the front steps of the building wearing a neatly pressed dark grey suit dropped off the night before by his personal assistant. He wasn't required to remain in prison for a bail hearing and was released on his own recognizance, which means he promised to pay the court an amount of money if he failed to attend the next court date or follow the conditions of his release. He wasn't allowed to drive, leave the province or travel abroad.

According to Cathal Kelly of the Toronto Star, Michael Bryant appeared shaken as he walked out. As he read from a piece of paper, he blinked rapidly and appeared to choke back tears on two occasions, as he described what happened as last night's tragic events. He thanked the media for understanding that he would give a full statement at a more appropriate time. But what he would say that day was this.

I would, however, like to extend my deepest condolences to the family of Mr. Shepherd, to all those who have offered support to my family over the past 12 hours. Thank you. That same morning, Toronto police announced that 43-year-old Michael Bryant was facing two charges in the death of 33-year-old Darcy Ellen Shepard.

The first charge was criminal negligence causing death, which carries a maximum sentence of life in prison, and the second was dangerous driving causing death, which carries a maximum of 14 years. During the announcement about the charges, Toronto Police Services Sergeant Tim Burrows gave the press some more details about what had happened, that there had been quote, some sort of altercation between the two people involved in this investigation, which has ended in, unfortunately, the death of a cyclist. He described it as a minor collision involving the bicycle and the Saab, where the cyclist ended up on the side of the car, holding on as the Saab crossed over into the opposing lane.

He added that investigators weren't able to explain the incident or why the Saab crossed to the wrong side of the road. Michael Bryant and his wife were refusing to talk, and Darcy Ellen Shepherd was of course dead. So all investigators could do was focus on gathering evidence. Burroughs said they had viewed surveillance video from businesses along Bloor Street that captured parts of the incident, and investigators were still working to fill in the gaps with other footage and eyewitness accounts. The announcement ended with a plea for anyone else who might have seen something that night to come forward. There were questions though.

If they didn't know exactly what happened, how were they able to lay such serious charges? Detective Constable Lester Lalla of the Traffic Services Division provided comment later that day, telling the press that the charges of criminal negligence causing death and dangerous driving causing death were appropriate, based on the facts and evidence they had so far. An article in the Toronto Star quoted one eyewitness who said, The car was riding right up against the sidewalk where there were trees and posts and newspaper boxes. The tires were screeching. Suddenly it was clear to me that whoever was dragging

on the side of the car was in mortal danger. It was like something out of a gangster movie. That same article said that when Darcy started chasing the Saab as it drove off, it wasn't clear from eyewitness testimony if he was trying to get into the car, get at the driver or merely prevent him from leaving. Behind the scenes there were questions about what the situation and the two charges could potentially mean for Michael Bryant's position as CEO from Vest, Toronto, a position he'd quit

politics for a couple of months earlier. The position had been offered to him by Toronto Mayor David Miller. His office released a brief statement saying they wouldn't comment on an active police investigation but expressed condolences to the family and friends of quote, the cyclist who died Monday night following an incident in the Yorkville area. The Premier of Ontario, Dalton McGinty, put out a similar statement, saying that it was premature to comment, but, quote, it's very tragic how events that unfold inside of a minute can have such a profound impact on people's lives, a negative impact.

The Globe and Mail pointed out that both statements were carefully worded and didn't mention Michael Bryant by name, which was likely a tactic suggested by Navigator Limited. That same day, back at the spot on Bloor Street where Darcy Ellen Shepard had crashed onto the road, a memorial had been started. Darcy was a valued figure in the Toronto Bike Messenger community and a large group of fellow bike messengers and friends started descending on the area to pay their respects, taping flowers to the tree and handwritten messages on the grey mailbox. One of Darcy's friends told the Toronto Star that he recognised the bike when he saw it on the news because of the distinctive way that Darcy had decorated it. The friend, a man named Will, described Darcy's death as a fucking tragedy. Quote,

He had a rough go and just this last week, all these things were starting to look up for him. This was a common sentiment among Darcy's loved ones. Deep sorrow and bitter disappointment that he had worked so hard to get from homelessness to stable employment. He finally had a loving partner, a stabilizing influence who inspired him to get sober,

and he'd been doing so well only to have it end like this. Darcy's partner Misty had arrived to lay flowers at the memorial, but she was too grief-stricken to comment. As the day progressed and the media reported that Michael Bryant had been charged and released, the number of cyclists grew to more than 100. Their sorrow soon subsided, making way for a flood of anger. And after about 5pm, a group of cyclists laid their bikes down across the road, blocking rush hour traffic in both directions as they shouted the word, murder. They stayed there for an hour, promising to be back

the next day. Typically when someone passes away, their loved ones focus on the good aspects of their character and life and this was no exception as the media started to report preliminary details on who Darcy Ellen Shepard was. A Toronto Star headline read, Cyclists Mourn Good Man. And the public learned that Darcy was generous and hilarious and witty. He dabbled in amateur stand-up comedy and sometimes performed at open mic nights at local clubs. Friends reported he was a cheerful person who loved animals and the outdoors. Media outlets were also speculating on what this meant for Michael Bryant, a rising political star once touted as a future premier now facing serious

criminal charges, as described by one Globe and Mail article. Another included quotes from some eyewitnesses who agreed to speak with journalists, including the construction workers who reported hearing the tires of the Saab's screech, with the cyclist clinging to the side of it as it sped away, hitting something bam, bam, bam. Another described the car as a human battering ram, being driven fast enough that they couldn't recognise it or its licence plate.

These were the only eyewitness accounts publicly available at the time. After reading these articles, torontomic.com, and the website, the only website thatitness accounts publicly available at the time. After reading these articles, Toronto Mike.com, an avid biker, podcaster and blogger, wrote that he concluded, quote, Shepard never had a chance. When it's car versus pedestrian,

with a driver hell bent on punishing the pedestrian like a human battering ram, the result will typically manifest itself in a heap of blood. Mainstream media speculated on the future of Michael Bryant, with headlines like, Dark Day for Rising Star, and, Criminal charges may snuff out promising future for ex-Ontario cabinet minister.

This early narrative was not favourable to Michael Bryant. He was fortunate to have crisis PR firm Navigator Limited on his side to steer the narrative in a new direction. But they didn't come cheap. According to the Globe and Mail, Navigator charged about $600 an hour at the time, and they had already hit the ground running. It wasn't long before headlines about Michael Bryant's future faded away, as the hungry media turned to report new information coming out that Darcy Ellen Shepard had a troubled history. One of the first media outlets to report

these new details was the Globe and Mail. An opinion piece written by Christie Blatchford opened with this line. The cyclist killed in an altercation with former Ontario Attorney General Michael Bryant had been drinking and was involved in a confrontation with police earlier in the evening. Blatchford wrote that while this new information might suggest that Michael Bryant might have had a solid legal defense, it might be more difficult for him to muster a moral defense because, quote, She went on to say that the motorist has the greater responsibility,

not only because they were granted the license and privilege of driving, but also because they must understand that a moving car is a potential weapon. In a later column for the Toronto Star, author Antonio Zurbisius referenced the very different personal histories of Michael Bryant and Darcy Alan Shepard, writing, It's also tough not to notice the imbalance between a once promising politician and the unfortunate product of just about every worst sequence of disadvantages any Canadian can be born into. sequence of disadvantages any Canadian can be born into. The second day after Darcy's death, journalists began chasing a new story tangent which prompted

them to dig into his past and track down people who knew him. As this was happening, Toronto police were starting to receive criticism for what was perceived as VIP treatment of Michael Bryant. The Toronto Star quoted prominent defence lawyer Edward Sapiano, who said that anyone else, aside from a police officer or politician, would have been forced to show up in bail court looking exactly as they did when they were arrested. The Toronto Star spoke with the staff sergeant on duty when Michael's personal assistant had dropped off the freshly pressed suit at 4.30 in the morning.

He admitted the suit part was a little unusual. He'd never seen anyone deliver a suit in his 28 years, but added, quote, like everyone, he had the opportunity to use the washroom before leaving for whatever purposes he wanted. Toronto police denied that they had given Bryant preferential treatment, explaining that he was not a flight risk and posed no threat to the public. They said it wasn't so unusual for the accused in similar cases to avoid a bail hearing and do fingerprinting and mugshots at a later date, as long as it's before their first court date,

which for Michael Bryant was scheduled for the next month on October 19th. Toronto police stated that Michael Bryant actually spent more time in a cell than the average person because there was a unique conflict of interest that posed quite the problem. Michael Bryant had been the attorney general of Ontario. was a unique conflict of interest that posed quite the problem. Michael Bryant had been the Attorney General of Ontario.

He appointed judges, oversaw Crown prosecutors, and maintained relationships and connections in and around the Ministry of the Attorney General. He was part of the very top of the chain of command when it came to Ontario's criminal justice system. He became a controversial figure based on his efforts to be tough on crime. And now Michael Bryant was on the opposite side of the system. He was the accused. In situations like this, a special independent prosecutor can be called in to avoid any conflict

of interest. In this case, this special independent prosecutor would need to be from a different province. And that person was soon announced, Richard Peck, founding partner of Peck and Company Barristers in Vancouver. The firm's website states that Peck is widely regarded as one of the leading criminal lawyers in Canada, describing him as a of the leading criminal lawyers in Canada, describing him as a dedicated contributor to and participant in the legal community. While Richard Peck is an experienced criminal defence lawyer, in this capacity as special independent prosecutor he would be on the other side. He was brought in to prosecute

Michael Bryant, not defend him. The lawyer in charge of Michael's defense was soon announced to be Marie Hennan, partner at criminal law firm Hennan Hutchison LLP. While she wasn't widely known as a public figure at the time, the Globe and Mail reported that Toronto's top criminal lawyers knew exactly who she was. A lawyer's lawyer. Quote, A formidable opponent who would be at the top of their lists were they ever to find themselves facing criminal prosecution.

Six years after Darcy's death, Marie Hennan would successfully defend high-profile CBC broadcaster, Gianna Gomezy, against multiple charges of sexual assault and one charge of choking a woman. A 2016 Toronto Life feature would describe Hennan as, quote, the fixer, the smartest, toughest, most sought after defense lawyer in the city. But years before that, in 2009, Marie Hennan was in the process of establishing that reputation. One of the first things reported about her defence strategy was by the Toronto Star, who said that she was shopping around for a private forensic team to conduct a separate

investigation into what happened. So in the first few days, Michael Bryant had put together a formidable team who would help him manage his reputation and deal with the criminal charges. Marie Hennan would handle the Court of Law and top tier crisis communication PR firm Navigator Limited would handle the Court of Public Opinion. Michael Bryant would write in his memoir 28 Seconds that the team agreed that going to trial was the last thing they wanted, so the strategy they put together was designed accordingly. While Michael Bryant had initially promised the media that a full statement would be coming, the next statement that came wasn't what they expected.

He announced his resignation as president and CEO of Invest Toronto, a position he'd only held for three months. His statement read in part, quote, Let me be clear, I am innocent of the very serious accusations made against me. I do not believe, however, that I can continue in this position on account of the circumstances of the past two days. We're taking a quick break from today's episode to dive into the brand new season of Only Murders in the Building, brought to you by Disney Plus and Acast Creative. In the spirit of not-so-true true crime, we all understand how satisfying it is to solve a mystery.

And as a huge fan myself, Only Murders in the Building is anything but your average mystery or crime drama. It's a quirky and clever series perfect for discerning amateur detectives. And filled with witty dialogue, pop culture references and subtle clues that make solving the mystery a fun challenge each week. Confession I often miss most of them on the first watch because I'm distracted by Selena Gomez's stunning outfits. She plays Mabel, a mysterious young woman living in an apartment building called the Arcadian,

and she shares the elevator with two eccentric older residents, with Steve Martin and Martin Short, playing a washed-up actor named Charles and an out-of-work thespian struggling to pay his bills named Oliver. They bond over a shared obsession with crime podcasts and when a fellow resident of The Arcadian is murdered this unlikely and unqualified trio can't resist snooping around and start their own true crime podcast. I feel seen right now. Their podcast is called Only Murders in the Building and it soon amasses a cult fanbase who call themselves The Arcadians. The writing is smart,

meta and self-aware. I loved Tina Fey playing a big time crime podcaster in one scene she records an ad with a promo code Butchard Bunny Y yikes and two crime podcasts that make a brief appearance on the show are called don't ever go to clown camp and abrica doomsday there are so many hilarious moments that caught me off guard an amazing special guests like Meryl Streep there's twists and turns red herring secrets and new revelations at every corner as Mabel, Charles and Oliver snoop around, get evicted, arrested, fight and make up. A millennial and two boomers with a lot to teach each other and a lot to learn. Season 3 ended in a huge

cliffhanger and there are three things I'm desperate to find out. Who killed Charles? Who poisoned Winnie? And there's this mysterious Moriarty figure that keeps popping up. Who could that be? I will be watching the opening credits sequences to each episode closely because as fans of the show know they always include subtle clues and Easter eggs. Only Murders in the Building season 4 premieres on August 27, exclusively on Disney Plus. I'll be trying to solve the case each week. You should join us and don't forget to tune in every Tuesday for a new episode. Thank you for listening to Canadian True Crime, brought to you in partnership with Disney Plus and Acast Creative. Summer is finally here, the time to get outside, move your body and enjoy

the weather. And this season with Peloton, you define what it means to be a runner. Me, definitely not a runner, but I do enjoy walking with my dogs and nature hikes with my family. And frankly, at my age, I really should be moving more regularly. So I'm letting Peloton help motivate me to get outside and make the most of these sunny days at my own pace. Did you know that Peloton has a huge range of class types from their pop runs to their walk and talks, including classes for those who only have 5 or 10 minutes to spare, so you can choose what kind of runner you want to be. Right now I'm starting my weekday mornings with a 10 minute power walk.

It gives me a positive can-do mindset and because it's not a huge chunk of time, it's far less overwhelming of a prospect, so that means I'm likely to continue. But that's just me. If you're looking to really get a sweat on this summer, check out Peloton's outdoor guided runs. Your run, your way, means being able to customize by selecting your difficulty level, your favorite expert level instructor, and music. And for those really muggy days, just tap into the Peloton app and take to the treadmill. From sprints, walks and hikes, to pilates, yoga, strength classes and more, no matter where you are in your fitness journey, Peloton has everything you need to get outside,

show up as you are and move at your own pace. Call yourself a runner with Peloton at onepeloton.ca That's O-N-E-P-E-L-O-T-O-N dot C-A slash running. In the meantime, Darcy's loved ones, friends and work colleagues were continuing to protest and raise awareness. And then cycling advocates who wanted bike lanes on Bloor Street joined in telling the crowd about the dangers of mixing bicycles and cars on busy inner streets. Another vigil was held during the afternoon rush hour. And in the evening, they staged a massive memorial ride

along Bloor Street between Bay Street and Avenue Road. Over 200 people on bikes occupied two eastbound lanes of the four-lane road, all ringing their bells. At one point they stopped and observed five minutes of silence before raising their bicycles over their heads in unison and shouting a rallying cry. It was both a tribute to Darcy and a nod to the ongoing problems cyclists faced when sharing the road with motorists. The Toronto Cyclists Union would release a statement describing Darcy's death as quote, Yet another painfully clear example of the need to better incorporate bikes and cyclists into our transportation network to better educate all Torontonians about the fact that cyclists

have a right to be on the road and that we have a responsibility to share this public space. Darcy's partner Misty returned to the site where Darcy died, the memorial site. As well as more flowers she laid down a carving of a dragon and a turtle, items that she said were symbolic of their relationship. Misty burst into tears as she said, we were supposed to grow old together, now we are not. But she was also angry, not just that Darcy had died or the way it had happened, but the fact that he was riding his bike on Bloor Street that night in the first place.

She spoke about how Darcy showed up to her apartment that evening intoxicated before announcing he was leaving to cycle back to his own place. She didn't want him to leave for safety reasons, but he insisted. And not too long after that, she came down to find him sitting in the police cruiser outside the building. In hindsight, she said she wishes that's where he could have stayed. She told the police he was drunk and asked them to give him a ride home, but they determined that he was in control of himself and sent him home on his bike. But the Globe and Mail had spoken with other residents

in the building, including one who was watching as Darcy left the apartment at about 9 p.m. Quote, he started biking two, three feet, and he falls off his bike because he's so drunk. Realistically, it's not usual practice for the police to drive intoxicated people and their bikes home. The available options would have been to arrest Darcy for public intoxication and let him sleep it off, call for an ambulance if he

needed medical attention or let him go. The Toronto police issued a statement in response to this public discourse that read, We can confirm that he was investigated by police prior to the incident. Darcy had been drinking, but he was not intoxicated. He went on his way, presumably on his way home. They were waiting on toxicology results to confirm Darcy's level of intoxication. But it was soon pointed out that there's no specific law that prohibits impaired bike riding. So what about Michael Bryant, the one who was driving the car?

Given there are very specific laws around impaired driving, why was all the talk about possible impairment focused on Darcy? A spokesperson for the Toronto Police Service responded that they saw no signs of impairment. Michael Bryant told them verbally he was a recovering alcoholic and his wife said there was no alcohol at their anniversary dinner. Simply put, the police had no reason to ask Michael to take a breathalyzer that night. But by day two, journalists were chasing down information about Darcy's drinking, his past and his interaction with police in the hour before his death. One Toronto Star article had the headline,

Bike Courier troubled spirit who battled his addictions. Journalist Daniel Dale had spoken with a few of Darcy's friends, who confirmed that he had a history with substance use disorder. Darcy's younger brother David, who was at that point imprisoned near Winnipeg, was also interviewed describing their childhood as, "...one of the hardest lives growing up, a lot of foster homes, broken down families. Soon, all the sordid details of Darcy's past and criminal history started to dominate the news cycle and become part of the story of how he died.

A headline for the Globe and Mail read, Bike Victim Had Police Past, with journalist Kate Hammer speaking with Edmonton Police about Darcy's brief season of Czech forgeries that occurred six years earlier. In that same article, Darcy's brother David was quoted expressing concern that his brother's previous brushes with the law might prevent justice from being served in the incident that caused his death. In a piece for BicycleLaw.com, former Olympic cyclist and cycling lawyer Bob Mionski said that these new reports had nothing to do with what happened that night, but quote, they had everything to do with shaping public opinion, turning the public against Shepard and in support of Bryant.

And soon a new set of headlines appeared, starting with an article published by CBC News titled, Cyclist may have grabbed Bryant than we'll say police. The first paragraph read, Toronto police are investigating whether a cyclist killed in an altercation with a car driven by former Ontario Attorney General Michael Bryant grabbed the driver or the steering wheel. Police have seized a number of video surveillance tapes from the stretch of Bloor Street where the confrontation occurred and are examining them frame by frame to confirm the accuracy of witness accounts that have suggested the cyclist may have been

trying to get Bryant into a headlock and that the two may have been wrestling for control of the wheel. It should be noted that this paragraph was not a direct quote from the police, it was the author's own words. Who wrote the article? Curiously it was completely uncredited with no byline, branded CBC News. The article also did not include any direct quotes from actual eyewitnesses to the incident, nor was there any mention of where these new reports of eyewitness accounts came from.

What the article did have was a sidebar featuring a timeline of Michael Bryant's movements in the first 48 hours. Quote, on downtown Toronto's Bloor Street. Police say Shepard then grabbed onto the side of Bryant's car as it drove off, fell, and suffered fatal injuries. So, according to this timeline, after Darcy grabbed hold of the car, he then just fell off the side of it and died of his injuries. The clear implication was that the whole thing was Darcy's fault. The author of that CBC News article appears to be the first media representative to ask Toronto police about these reference to eyewitness accounts and only

confirmed that they were investigating all angles. So too did Detective Constable Lester Lella, also of Traffic Services, who was quoted by the Montreal Gazette saying the police weren't sure if Darcy was holding on to the headrest, the door or the wheel. These vague replies really only confirmed the investigation was ongoing, but the media interpreted it as implied confirmation. So after CBC News asked the police to comment about reports that Darcy had possibly grabbed the wheel, the media ran with the story as though it was verified fact. And before long, the story was being fluffed up even further with hyperbole, speculation and

assigned motives. For example, The Ottawa Citizen published an editorial titled, Michael Bryant and Self-Defence. Another uncredited piece with no apparent author. This piece questioned whether investigators were too quick to lay charges on Michael in light of the new information coming out. Quote, it was reported early on that the cyclist and driver had a verbal argument but now there are reports that Shepherd tried to commandeer the vehicle, reaching in to grab the wheel and attacking the driver. The precise details remain unknown, but if this was, for all intents and purposes, a kind of carjacking, then it's hard to blame the driver for flooring it.

The conclusion to the editorial read, quote, In any event, Bryant will have his day in court and is almost certain that self-defense will feature prominently. And to be fair to police, had they not been decisive and laid charges against the former attorney general, they would have been accused of giving preferential treatment. Bryant seems pretty certain that he

is innocent of the accusations. And if true, he should be allowed to have his life back. This was a key contributor to a new narrative forming that Darcy may have been the aggressor in the situation and Michael simply reacted to it from behind the wheel. None of it was actually true. Behind the scenes Toronto Police had collision reconstruction experts going through all the evidence to prepare a collision reconstruction report. It wouldn't be released until a few years later, and it's important to note that the eyewitness statements weren't publicly available at the time. A few journalists had managed to speak with a couple of the witnesses themselves, but the rest only gave their account to the police.

But today, we have the full collision reconstruction report that includes detailed notes about all the relevant witness statements. The fact is that only a few witnesses were in a vantage point where they could see Darcy as he was hanging on to the car. Not one witness had mentioned seeing Darcy holding on to the steering wheel. Not one person mentioned anything about a headlock or wrestling for control of the wheel, let alone an attempted carjacking. The collision reconstruction report would state it plainly, quote, There was no physical evidence or independent witness

statements suggesting Mr. Shepard affected the steering of the Saab or anything to suggest he physically attacked Mr. Bryant. As it turns out, some reporters had noticed some odd occurrences in the way the story had developed. Reporting for the Toronto Star, Linda Diebel would ask Toronto Police Sergeant Tim Burrows where those sudden reports of new eyewitness statements came from. He replied that they did not originate from the police and recalled that during informal

press briefings as journalists started to ask about the new reports, he did think to himself, where is all this stuff coming from? He acknowledged that the traffic service officers who answered the questions may have unknowingly played a role in fuelling those suggestions once they arose. It should be noted that Detective Constable Lalla and the other officer quoted were from the Traffic Services Division. They were not homicide detectives with media experience and may have been unaware of the implications of their words. And really, the only way they could have known if Darcy did or did not touch anything would come from forensic analysis of the car for blood evidence, which was still underway at the time.

In any event, this statement from Toronto police set the record straight in several ways. They had no idea where the false reports about Darcy grabbing the wheel came from, but it wasn't them. Certain media outlets had reported the existence of these reports without verifying or double-checking the source of the information. The media had been quick to run with the juicy new details about Darcy possibly grabbing the wheel, and it had been leading the news cycle for two days. But when it came to the truth, we could only find one article with a clarifying comment from Toronto Police, and that's because the author of that article, Linda Diebel, was the one that asked them. The statement from Toronto Police saying the information did not come from them was located in the final paragraphs of the article.

All of this meant that the truth about what had happened, that not one person saw Darcy try to grab the steering wheel, didn't get anywhere near the amount of traction in the press that the original story got. In fact, it got no traction. And the shift in public perception had been palpable. As each new sordid detail about Darcy Allen Shepard was published, he started to morph from a popular bike messenger with a troubled past who was killed in a road rage incident to an out of control monster terrorizing the streets of Toronto on his bike. While his death was tragic, the implication was that it was somehow his own fault.

And Michael Bryant's involvement was morphing too. Bryant was turning into a victim, a terrified driver who was simply trying to defend himself and get away from an intoxicated and aggressive criminal. The media had published some of the main surveillance clips, which prompted blogger and podcaster Toronto Mike to write another post with his interpretation of what he saw in the clips. Quote, and guns it past Shepard. As the cyclist struggles to get up, he grabs the passing car mirror to try to keep the car at the scene. He noted that the clips were publicly available, quote, Yet the media continues to imply Shepard chased the car down on foot in a rage after a minor collision. While Navigator Limited preferred to work in the background, like most PR agencies,

the firm wasn't completely covert in its operations. And journalists were starting to express irritation about the fact that a crisis PR firm working for Michael Bryant had established a certain presence very early on. On day three, in an opinion piece for the Globe and Mail, author Rick Salutin wrote that everything was muddied after Navigator became involved. He asked, When a news story says we have new information from a source, is that source Navigator or someone egged on by Navigator? We won't know because Navigator prefers to be inconspicuous.

Reporters talking to them have to agree that everything is off the record. More context would be provided in another Globe and Mail piece by Joe Friesen, who wrote that Navigator's involvement did little to help Michael Bryant and may have hurt him slightly. He referred to several leading PR experts who said they assumed the new details coming out were because Navigator had been feeding tips to reporters and encouraging them to ask the police certain questions. And this may have been what happened with that CBC News article. An uncredited journalist was the first to ask the police about

those new reports and then the story took off in the media. This also aligns with a police statement confirming that no one from Navigator contacted them directly. The Globe and Mail piece goes on to state, quote, many PR experts are critical of the way Navigator inserted themselves so conspicuously in the case, handing out press releases and generally letting it be known that they were now in charge of Mr. Bryant's communications. Daniel Tisch, president of Argyle Communications, was quoted as saying that because Navigator were so

conspicuous, everyone knew they were on the case. And it, quote, ...fuelled a predictable controversy, one that reinforced a narrative of haves and have-nots. The rich former Attorney General with high-priced PR juxtaposed with a poor dead victim with no voice at all. The Toronto Star piece written by Linda Deball, titled, Spinnin' the First Week of Michael Bryant's New Life,

quoted an unnamed criminal lawyer who had been watching the case closely as the week progressed and had assessed Michael Bryant's potential for jail time. This lawyer said quote, I didn't think this earlier, but now I gotta say most people think he will walk. The same article quoted well-known criminal lawyer Clayton Ruby who insisted that can't happen. has got to have a fair trial and nothing should be allowed to interfere with that. As all this was happening, preparations for Darcy's memorial service were in swing. The cycling and bike messenger community had started a fundraiser to pay for his funeral and also for the cost to fly Darcy's body back to Edmonton. His adoptive father Alan Shepard Sr traveled to Toronto to bring Darcy's body back

home to Edmonton but he didn't want to comment on the charges. He would only say, this matter is before the courts now and we are relying on the justice system to sort out what occurred on the fatal night. A memorial ceremony was held at the native Canadian Center of Toronto where members of the community gathered for a drum circle and sang traditional songs. Several days later Darcy's body had been flown back to Edmonton and there was another service there, the city where he was born and grew up. Ellen Shepard gave a longer statement at this service, thanking Darcy's biological mother Diane,

quote, her son by birth, mined by adoption. Diane and other family members had organized Darcy's funeral and internment. As you'll remember, Darcy was Diane's oldest child. She had him when she was just 18 before going on to have two more children in quick succession. And all three of them were put in foster care, with baby Chantel going to one place,

and Darcy and his younger brother David going to Alan Shepard's family. David wrote a eulogy statement to be read out at Darcy's Edmonton Funeral Service, saying quote, I feel like part of me is missing. He taught me almost everything I know. He always knew how to make me laugh. Then he was always there to watch over me. He always did what he could for any

family member or friend. This made me look up to him." Alan Shepard read out some of the comments that had been left at the memorial site on Bloor Street in Toronto. Comments from fellow bike messengers who remembered Darcy's generosity of spirit. They described an open-minded and kind man, a sweet and good-natured guy who will be missed. One person remembered, quote, You jumped off your bike one day to help me put the chain back on mine. Another wrote, Loyalty, honor, strength, you got it all. Alan Shepard also had a message for the crowd,

Darcy's loved ones and supporters. He said, about my son. Most of them will be true, in fact, if not in the characterisations that will be made of them. I am not proud of these things and I know Darcy was not proud of them, but I do not hide from them or pretend they do not exist and neither did he." Allen had previously given a message to Darcy's friends and supporters, including the Bike Messenger community in Toronto. When it came to the upcoming trial of Michael Bryant, whatever the outcome, he wanted them to accept it with grace. You know those mornings when you feel like you've woken up on the wrong side of the bed?

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That's Cozy.ca. Michael Bryant's first court appearance after being released from his short stay in prison was on October 19th, seven weeks after the incident that caused Darcy Ellen Shepard's death. He didn't appear, but was represented by his lawyer Marie Hennan, who declined to speak about the case to the press only to say that they were apparently anxious to proceed to trial as soon as reasonably possible. This statement is not consistent with what Michael Bryant would write in his later memoir, which was that their strategy was always to avoid trial. In any event, another court date was set for the next month.

Darcy had loved ones show up to the courthouse to make sure that he was not forgotten in all the proceedings. Toronto cyclist Anthony Darcy told Maria Babbage for the Globe and Mail that he was frustrated because he felt Michael Bryant had an advantage because he was able to afford to hire the likes of Navigator and a very well-paid defense lawyer. Quote, There's sort of a rich man, poor man thing going on. That's not something that a poor man is obviously going to be able to do.

At the end of that month, a Globe and Mail piece was published titled How to Defend Michael Bryant, where author Kirk Macon asks a question, Will a judge or jury subconsciously favour a charismatic politician over a grubby bike courier? This question set the tone for the rest of the piece, which quoted several criminal defence lawyers with their perspectives on what Michael Bryant's defence might look like. One lawyer suspected the key thing was going to be what Darcy, the cyclist, said or did in those few seconds because if it was something that could justify what happened, then Michael Bryant, the driver, could be almost home free. Another defence lawyer gave the opinion that the Crown would need to prove that Michael

Bryant displayed disproportionate force and extreme road rage. And when it came to the defence, Michael Bryant's team would need to show that he was in mortal fear for his life. And a third criminal lawyer noted that quote, You have a guy in a rage hanging onto your car and possibly your steering wheel. You have approximately zero seconds to figure out what you are going to do. If you're in a car and somebody hangs on to you, the only way to run away is to push the pedal, which you do automatically because it's as natural as breathing. It's tragic, but it is not a crime.

At the end of the piece, one of the lawyers stated that the former attorney general is someone who would learn nothing from a stint in jail. Quote, Even in the worst interpretation, he overreacted in a situation with his wife in the car. There was nothing deliberate, no criminal intent, and he is never going to commit another crime in his life. Why would you have to put a guy like that in jail? Michael Bryant did not appear at the next court hearing either, and again the case was put off for another month until December of 2009. The day before that court date, it was announced that Michael Bryant had a new job. He had joined a top law firm in Toronto called

Ogilvy-Renow as a senior advisor working with the energy law team. Partner John West told the press that the firm felt Mr. Bryant was imminently placed for the new position given his experience and that he was entitled to a presumption of innocence. Quote, he should not be treated to a lesser standard than anyone else would be. The case continued to proceed through the court system into the new year, 2010. In the next hearing, the court heard that the Crown was going to be re-interviewing witnesses and conducting further forensic testing, so things would be delayed for a bit longer. Toxicology results confirmed that Darcy had a blood alcohol level of 0.183, more than

twice the legal limit to drive a vehicle. There was also cannabis present. The cause of Darcy's death was blunt head impact trauma. The fatal injury was a large cut on the right side of Darcy's head that caused brain stem damage. This unsurvivable head injury was a result of Darcy being catapulted into the air and landing head first on the pavement. But he sustained other serious injuries before that when he was clinging on to the driver's side of the Saab as Michael Bryant drove it on the wrong side of the road with Darcy's body skimming the curb. When the

left side of Darcy's body slammed into the mailbox and the fire hydrant, it resulted in a substantial gaping tear in his left torso, as well as a significant cut to the left side of his head. There were also large scrapes all over his body. Toronto police had two collision reconstruction experts going through all the evidence to prepare a collision reconstruction report. The lead author on the report was Detective Constable Jay Vance, but the list of names at the end of the report shows that more than 50 other officers contributed to it. In writing the report, these reconstructionists

conducted a detailed scene investigation. They examined the Saab and the bicycle. They put together diagrams showing where the car was and where it ended up, where the construction in the middle of the road was. They reviewed the surveillance camera footage, all the witness statements given to police and compared it to the evidence found at the scene camera footage, all the witness statements given to police, and compared it to the evidence found at the scene, on the mailbox, on the fire hydrant, and on the road. They compared samples of blood, fibre and paint. They reviewed weather conditions and did some speed and distance calculations. This was a very comprehensive report.

This was a very comprehensive report. When it came to the eyewitness statements, the police had gathered more than 25 accounts of what happened that fateful night. We don't have all of them, but we have most. 19 different accounts of what happened. The accounts that were presumably deemed relevant to include in the Collision Reconstruction Report. It wouldn't be released until a few years later, but it includes pages and pages of summarised accounts of what the eyewitnesses said they saw. You've already heard the audio statements for five of them, Steve and Victoria who were standing at the lights,

the parking garage guy and the two construction workers. When widening the comparison to include all 19 accounts in the collision reconstruction report there are definite similarities but also some differences. The three collisions that made up the incident took place in several locations along the road over a span of about 100 metres from the pedestrian crossing to the point where Darcy was dislodged from the car. Some witnesses saw the beginning, where the Saab lurched forward onto the bike, twice. Some saw the car driving on the wrong side of the road, others were in a position where

they could also see Darcy hanging on, and some saw the final collision when Darcy crashed head first on the road. And even in areas where witnesses saw the same part of the incident, they were often viewing it from different vantage points. Studies show that eyewitnesses can provide very compelling legal testimony, but caution should be used because people don't remember experiences perfectly. Their memories are susceptible to a variety of errors and biases. They can make mistakes in remembering specific details and can even remember whole events that did not actually happen.

And in this case, the whole sequence of events took less than 30 seconds, over a stretch of 100 metres. While there were differences in things these 19 witnesses said they saw, a comparison of the details they provided reveals commonalities and areas of overlap. As you remember, Stephen Victoria saw Darcy on his bike, facing forward, and behind him was the Saab driven by Michael Bryant. They both said they saw the car move into the back of the bike the first time, causing Darcy to lose his balance. At this point, Victoria said she yelled at the driver to stop it. They reported that next the Saab suddenly accelerated into Darcy and his bike a second time, much faster than before, projecting him onto the hood of the car and over onto the

driver's side of the road. Two eyewitnesses reported that the cyclist got up and the car backed up and ran right into him again. One witness said they thought Darcy jumped onto the hood. Another said he slammed his hands down on the hood. And a few witnesses said they thought he threw his messenger bag or bike at or onto the hood of the car at some point during this sequence of events. Now, as you'll remember from part one,

as Darcy was on the road, the parking garage witness heard him say to those nearby... ..that you're all witnesses to this. Two other eyewitnesses included it in their statements, one of whom reported that Darcy was gesturing at the Saab as he did this. Now we're at the point where Michael was gesturing at the Saab as he did this. Now we're at the point where Michael Bryant is reversing the Saab so he can manoeuvre around Darcy and his bike with the intention to drive off and as this is happening Darcy starts to get

up off the pavement. Both Steve and Victoria described this as, quote, the cyclist ran after the car. Another witness described it as, quote, cyclist approached car aggressively before the vehicle accelerates rapidly west in eastbound lanes. The police had managed to get some tapes of surveillance footage from along Bloor Street, but it doesn't give a clear view of the action after Darcy starts to get up from the pavement.

What we do know is that the forensic analysis of the car found blood marks on the bumper, grille, hood, windshield, side view mirror and driver's door armrest, showing where Darcy's cut up hands came in contact with the car. showing where Darcy's cut-up hands came in contact with the car. One witness described Darcy sliding down the side of the vehicle as he held on to the left rear-view mirror. Another stated that Darcy did not grab onto the car's steering wheel. Multiple witnesses reported the car speeding up. Descriptions they gave included, rapidly accelerating, a high rate of speed, the car sped away really fast and

floored it. Another witness said the driver was trying to get away as Darcy held onto the car, being dragged by it. Darcy was described as hanging on so he would not fall. Two witnesses saw sparks coming from his shoes as his feet dragged on the ground. When it came to the way Michael was driving the Saab as Darcy was hanging onto the side, several witnesses said they saw the vehicle swerving left and right, moving in and out,

stopping and starting, driving close to the curb, braking back and forth trying to get the cyclist off while he was holding on for dear life. Another said, quote, I can't believe the guy didn't stop to let him off. I would be shit scared to get off at that speed. This witness described Darcy's body bouncing off the car and the curb objects. Other witnesses described it as the driver trying to dislodge Darcy from his grip on the car, the convertible driving onto the sidewalk half on, half off the road with a man hanging off the side of the car, hitting trees in a mailbox, attempting to get the guy off the car. One witness heard the loud impact of Darcy hitting the objects as the car drove past.

Another said they saw Darcy hit the fire hydrant. While Michael Bryant was driving the car close to the curb, it should be noted that the collision reconstruction experts couldn't locate any definitive curb strikes or evidence of the car mounting the curb or the sidewalk. At least three witnesses were asked whether they thought the car was out of control and none of them did. One added that in their opinion no one could say it was an accident. Another witness, one of the construction workers, said at first he thought the driver was drunk and wasn't able to navigate around the construction,

noting that the crew had been there for three days with no issue. This witness wasn't at a vantage point to see Darcy clinging to the car, but stated that the car was in full control as it went into the curb, quote, just enough to squeeze the guy off. When it came to that final part of the incident where Darcy collided with the fire hydrant,

one eyewitness said, quote, saw the pool of blood after the guy was knocked off and bounced off the pavement like a beach ball. It made me sick." Another witness said he looked up and saw a guy in the air and hit the road with a car speeding up to go around it. This witness said they initially thought it was a hit and run. The only comments that suggested Darcy was aggressive in any way are from just a few witnesses. And the only evidence of this aggression was hitting the hood of the car with his hands, or throwing a bag or bike onto the car which we know didn't happen, or the very vaguely

worded approached car aggressively. The collision reconstructionists also reviewed four different surveillance videos. The first two were the zoomed in grainy footage that had already been released briefly by the media that shows the action happening in the corner of the frame, where the car accelerates into the bike twice and then it cuts to the second camera which shows Darcy falling over the hood and onto the road on the driver's side. The camera shows Darcy flailing and scrambling to get up off the road while Michael reverses the Saab to manoeuvre past him. The reconstruction report states a total of 13 seconds of video was not

recorded, the part where the Saab was driving on the wrong side of the road with Darcy hanging off the side. The third video showed the headlight, brake and taillights of the car and what was described as a light-colored smear which was deemed likely to be Darcy. The fourth video caught the final part of the collision, capturing the area where Darcy's body slammed into the fire hydrant and other objects and his final resting place after crashing to the road was within view of this camera. This footage has never been released.

camera. This footage has never been released. After taking into consideration all this evidence and more, the reconstruction experts determined that this is what happened. The Saab operated by Michael Bryant stopped at a red light for a pedestrian crosswalk, and the bicycle operated by Darcy Allen Shepard was travelling in the same direction when it abruptly turned in front of the Saab and stopped just as the traffic light turned green. Michael Bryant struck Darcy Allen Shepard not once but twice from a stopped position. The first was after Darcy stopped his bike in front of the Saab, when Michael accelerated the Saab into the rear of the bike, knocking it over and jostling Darcy.

After Darcy righted his bike came the second collision. The report read, quote, Mr. Bryant rapidly accelerated the Saab again into the stopped cyclist. Mr Shepherd was struck, carried on the hood of the car, and thrown to the ground from the force of the impact. It goes on to say, quote, As Mr Bryant then reversed and then accelerated rapidly around the bicycle that had been wedged under the Saab, Darcy got up, approached the vehicle as it accelerated, and grabbed onto the driver's side door.

It is at this point in the collision report where it states, There was no evidence or eyewitness statements suggesting Darcy affected the steering of the Saab, or anything to suggest he physically attacked Mr Bryant. After landing on the road Darcy's hands contained a lot of cuts and the collision reconstructionists found samples of his blood near the driver's door handle and on the interior windshield close to the driver's side indicating his fingers slid across the glass as he tried to grip it. There was also blood found on the interior driver's side door above the arm

rest, but there was no blood on the steering wheel itself nor the headrest. As Michael Bryant steered the car to enter the eastbound lane going the wrong way, the reconstructionist determined that Darcy's leg struck a tree near the curb. There was an abrasion wound on his left ankle that was consistent with scrape marks on the bark of the tree. But the tree was measured to be almost a metre in from the curb, meaning that for Darcy's leg to have touched it, his legs must have been swinging out from the side of the curb, meaning that for Darcy's leg to have touched it, his legs must have been swinging out from the side of the car, which is consistent with what one of the witnesses said.

It should be noted that Darcy was not a small guy. He was 6 foot 1 and 200 pounds, so for his foot to have swung out and struck a tree that was almost a meter from the curb, there must have been significant gravitational forces at play. The reconstruction report determined that the obstacle Darcy slammed into that dislodged him from the car was the fire hydrant which tore a gaping hole in Darcy's torso. The reconstructionist determined Darcy landed 11.87 meters away from the fire hydrant. The force needed to throw a man of Darcy's size after such a collision must have been substantial. It's not known exactly what speed the Saab was traveling because there are so many variables.

We know the car travelled up Bloor Street with Darcy holding on, but multiple witnesses reported it swerving and braking so it wasn't going the same speed the whole time. Several eyewitnesses gave a range of estimates that it was travelling between 50 to 90 kilometres an hour. Perhaps a more meaningful calculation is the possible impact speed as Darcy hit the fire hydrant, the impact that tore a gaping hole in his torso, dislodged him from the car and flung him metres away. The experts estimated that Darcy's body slammed into the fire hydrant at a minimum impact speed of between 33 to 41 kilometres per hour. The Collision Reconstruction Report's conclusion, quote,

Mr Bryant and Mr Shepherd shared responsibility in the death of Mr Shepherd. It goes on to say, quote, Mr. Bryant's final actions in the third collision sequence led to the death of Mr. Shepherd. Mr. Bryant's failure to stop the Saab when Mr. Shepherd deliberately hung on to the side of the Saab and driving his vehicle on the opposite side of the road in an attempt to dislodge Mr. Shepherd from his vehicle gave the appearance of a deliberate act according to witnesses. Mr. Shepard is also responsible for his actions that led up to the concluding incident. All of these incidents were unfortunate and avoidable.

In part three, we'll unravel the controversial 2010 court proceeding where special independent prosecutor Richard Peck would announce his decision about whether to prosecute Michael Bryant on the charges of criminal negligence causing death and dangerous driving causing death. Thanks for listening. Transparency and openness is important to us so we've put all the statements, reports, videos and other information we refer to in this series on our website at canadiantruecrime.ca Darcy. You can review and compare all of the documents and check out further analysis including on the Darcy Allen Shepard Files blog created by Darcy's father Allen and the Bryant Watch blog maintained by cycling advocate Joe Hendry. Special thanks to Allen and Joe, Darcy's former partner Misty and eyewitnesses Victoria

and Steve. Thanks also to author Mary Fairhurst Breen who edited the original series down to this shorter version. Initial research was by Hayley Gray, with production assistance by Aviva Lasard and Eileen McFarlane. Additional research writing media analysis, interviews and sound design was by me Eric Crosby voiced the disclaimer music by Epidemic Sound and Blue Dot Sessions and the theme songs were composed by We Talk of Dreams. As always thank you so much for your kind ratings reviews messages and support we appreciate them.