Canadian True Crime - The Death of Darcy Allan Sheppard [2]

Episode Date: June 1, 2022

[Part 2 of 6] Unravelling the aftermath of the incident that caused Darcy Allan Sheppard’s death—the twists and turns that came with each new day, and how investigators worked to get to the truth of exactly what happened.Look out for early, ad-free release on CTC premium feeds: available on Amazon Music (included with Prime), Apple Podcasts, Patreon and Supercast. Full list of resources, information sources, credits and music credits:See the page for this episode at www.canadiantruecrime.ca/episodes Hosted on Acast. See acast.com/privacy for more information.

Canadian True Crime is a completely independent production, funded mainly through advertising. The podcast often has coarse language and disturbing content. It's not for everyone. This is part two of a four-part series. Where we left off, we had followed the very different lives of two strangers, right up until the point where their paths collided on a main road in downtown Toronto. It was a warm summer evening, August 31st, 2009, but the night had been difficult for both. of them. It's a complicated story with many different moving parts, so let's quickly recap what happened before we move on. 33-year-old bike messenger Darcy Ellen Shepard had been sober for eight days, desperate to save his relationship, but for some reason he'd had a drink

that afternoon and fell off the wagon. The first anyone knew about it was when he showed up at his partner Misty's apartment at around 6.30 p.m. intoxicated. She let him in so he could sleep it off safely, but he was argumentative and by 9.30 he was sitting in a police cruiser outside the building. Officers determined that Darcy was in control of himself and his partner watched helplessly as he rode off on his bike. It would be the last time she would ever see him. Across town, 43-year-old lawyer Michael Bryant was having a tense night of his own. He had just left politics to accept a new person. president and CEO role, and while his professional life was on the up and up, his marriage had been

on the rocks for a while. That day was his 12th wedding anniversary, and he'd forgotten it. He had been able to pull together last-minute plans for a night out, but the night was awkward and he felt his wife's smile was forced. He had the idea to stop at a bookstore on the way home to buy her a book she'd been eyeing off, but the bookstore closed at 10pm, and thanks to construction and two blocked lanes, it appeared that traffic on Bloor Street had reached a standstill. Michael sat up and peered over the windshield of the convertible to see what was happening up ahead. Minutes later, 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 hanging on to the driver's side door. Luckily, there was no on-combe. traffic, but Darcy hit several stationary objects on the curb, including a tree and a mailbox 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. The 33-year-old would be pronounced dead after he arrived at the hospital.

Back on Bloor Street, 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. What he did do at the station was have his personal assistant start making various arrangements, and soon after Michael Bryant had retained Toronto Crisis Management Public Relations firm

Navigator Limited. The events of that evening had the potential to jeopardize his future plans to get back into politics, so damage control would be needed. And the way crisis PR firms do this is by working dynamically to take control of the narrative and shape it in the most favorable light to their client. So that was August 31st, 2009, Day 1. The next morning, the media was a buzz, frantically chasing more details and tracking down

eyewitnesses in an effort to piece together what exactly had happened, and of course who the victim was. Cyclist 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 Cyclist. A photo had been snapped of Michael Brian. 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, 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 1130 that morning, September 1st, 2009, Michael Bryant was released from prison to a scrum of awaiting media outlets. 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. It would be noted that 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 Kath Al 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. Shepard. 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 Burroughs 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 Allen Shepard 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 Lella 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. Quote, We have witnesses saying that we have a male hanging on to the driver's side. Eyewitnesses report he was driving along the curb. The car doesn't appear to be out of control. An article in the Toronto Star quoted one eyewitness who said, quote, The car was riding right up against the sidewalk where there were trees and posts and newspaper boxes. The tyres 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 only 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 just very sad, 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. Not only was Michael Bryant's own reputation at stake, but there was also potential for the spill to flow through to the Toronto power brokers he shared ties with. 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 over the last few years, 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 stabilising 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 a hundred. 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 a sort of protest, as they shouted and repeated 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 love. 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 an amateur stand-up comedy and sometimes performed at open mic nights at local clubs. A National Post headline read,

Courier community remembers fallen cyclist, you will be missed. Media reports focused on the fact that Darcy was a very popular bike messenger in Toronto, originally from Edmonton. It was reported that his Toronto friends called him Al. He had fathered four children and he'd expressed a desire to marry his partner Misty. 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. The Globe and Mail piece with the headline,

A Cyclist Dead, A Political Star Tarnished, began, quote, A rising political star once touted as a future premiere, former Ontario Attorney General Michael Bryant now faces a pair of serious criminal charges after a Monday night collision in which a bike courier was killed. This piece, including, included quotes from several eyewitnesses, including the construction site witnesses. One of them named Ryan said he heard tyres screeching and quote,

The cyclist clinging to the car as it sped away, then struck trees and a grey mailbox like a human battering ram. You could hear hitting something bam, bam, bam, bam. This witness added, He was going fast enough that we couldn't recognise the car or the license plate. In a blog post for Toronto Mike.com, Mike Boone, avid biker, well-known podcaster and blogger, wrote that he had reviewed these statements from the construction workers and 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. A national post headline read, Dark Day for Rising Star, and CP24 read, Criminal Chargers may snuff out promising future for ex-Ontario Cabinet Minister. These headlines and analysis were not favourable to Michael Bryant. In fact, having his promising future snuffed out was the last thing he wanted. Fortunately, he had Navigator Limited on his side.

He had hired them to roll out a crisis PR strategy, designed to snuff out headlines like this, steer the narrative in a new direction, and uphold his public image. And 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 Christy 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 Brion, Bryant might have had a solid legal defense. It might be more difficult for him to muster a moral defense because, quote, the mismatch between car and bicycle is sufficiently enormous that the cyclist is inherently always right. 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 wrote that it's very difficult not to remark on the unfair physical match between a cyclist and a motorist. She then referenced the very different personal histories of Michael Bryant and Darcy Ellen 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. Even in death, Darcy continued to be at a disadvantage. So 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 defense 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. But Michael Bryant was different.

He was a high-profile public figure. He attracted a media scrum. He had the connections to get a fresh change of. clothes delivered to him, and he was released on his own recognizance without having to front a judge. 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 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.

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, because Michael Bryant had held such a high-profile position in Ontario, this special independent prosecutor would need to be from a different province. And that person was soon announced.

The special prosecutor on this case would be 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 dedicated contributor to and participant in the legal community, with a long list of relevant organisations and initiatives that he chairs, co-chairs, directs and teachers at. At the time, Richard Peck's notable wins included serving as lead counsel for accused Air India Bomber Ajab Singh Baghri, who was acquitted in 2005. He also defended a man named John Robin Sharp in a landmark case that ended up challenging Canada's child pornography laws in the Supreme Court.

While Richard Peck is an experienced criminal defense 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 Hanain, partner at criminal law firm Hanane 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 where they ever to find themselves facing criminal prosecution. Six years after Darcy's death, Marie Henane would successfully defend high-profile CBC broadcaster Gian Giam Meshi against multiple charges of sexual assault and one charge of choking a woman. A 2016 Toronto life feature would describe her name as, quote, The Fixer, the smartest, toughest, toughest, most sought-after defense lawyer in the city.

But years before that, in 2009, Marie Henane was in the process of establishing that reputation. One of the first things reported about her defense strategy was by the Toronto Star, who said that she was shopping around. 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 Henane, one of the most sought-after criminal defence lawyers in the city, 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, and the results of the strategy would soon be evident. 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 believe, however, that I cannot continue in this position on account of the circumstances of the past two days. His resignation was quickly and publicly accepted by Toronto Mayor David Miller, leading many to speculate that it was likely a strategic public relations move orchestrated from behind the scenes. In the meantime, Darcy's loved ones, friends and work colleagues were continuing to protest and raise awareness, their numbers swelling as more bike messengers and couriers joined in. And then, cycling advocates who wanted bike-laces,

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. served 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 problem 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. The Globe and Mail reported that her eyes welled with tears, as she remembered Darcy as a fun-loving and vibrant partner, a hilarious character. She said the two had known each other for 15 years since attending

high school in Edmonton, and they'd been in love for 11 of them. But it took a while before they reconnected in Toronto earlier that year. Misty burst into tears as she was. Missy burst into tears as she 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, how he dozed on the couch on and off 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. Misty recalled seeing him there, and 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. It could be argued that because Darcy had been a heavy drinker, the signs of his intoxication may have been so subtle that only those who knew him well may have noticed. But Darcy's partner and friends weren't the only ones who noticed. The Globe and Mail had spoken with other residents in the building,

including one who was watching as Darcy left the apartment at about 9pm. That neighbour described him as being, drunk as a clunk. Quote, he started biking two, three feet, and he falls off his bus. 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. This turn of events led people to wonder, if Darcy was so clearly intoxicated that a neighbor noticed he wasn't able to ride his bike at around 9pm. Did the police make a mistake in letting him ride off about 30 minutes later? 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 Darcy, the one who died that night, was riding a bike.

And while there are obviously clear dangers involved, 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. So the earliest media reports focused on the death of death. Darcy Ellen Shepard, speculation about what actually happened and the impact of his death when it came to his friends and family. The media also explored the potential impact to the career of Michael Bryant. 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 in prison 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 sort of.

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 passed, 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. These revelations about Darcy's past had been touted as a sort of gotcha moment, but others described it as spin. 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 that was titled, Cyclist May Have Grabed Bryant, Wheel, say police. The first paragraph read, quote, Toronto Police are investigating whether a cyclist killed in an altercation with a car driven by former on. 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. 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 generous timeline of Michael Bryant's movements in the first 48 hours. It started, quote, Monday 9.45 p.m.

Michael Bryant becomes involved in an alleged altercation with cyclist Darcy Ellen Shepard, 33, while driving his Saab convertible 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, it was Darcy who grabbed hold of the car. It was Darcy who just fell off the side of it, and it was Darcy who died of his injuries. The clear implication is that the whole thing was all Darcy, nothing to do with Michael Bryant. So, who wrote the article? Curiously, it was completely uncredited with no byline.

It was not designated an opinion piece, not an editorial, it was branded CBC News. Whoever it was that wrote it appears to be the first to ask the police about those new reports coming out that eyewitnesses had seen Darcy grabbing the wheel and also appears to be the first to publish their response. Constable Hugh Smith of Toronto Traffic Services said, quote, We're looking at avenues from the point of reaching into the vehicle, pointing at the person, reaching in to maybe unlock the door or hanging on standing there. We're looking at all those angles. In another article found in the Montreal Gazette,

Detective Constable Lester Lella, also of traffic services, was quoted saying that they weren't sure if Darcy was holding onto the headrest, the door or the wheel. On the face of it, these vague replies really only confirmed that the investigation was ongoing and that they were looking into all angles. But the media interpreted the response as implied confirmation from police that these new eyewitness reports did exist. And as the news cycle continued,

there was a clear assumption that the entire story about Darcy possibly grabbing the wheel must have originated from the police. The problem was, it didn't. The reports came from somewhere else. So after CBC News asked the police to comment about reports that Darcy had possibly grabbed the wheel, the media ran with the state,

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-Defense, 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 Shepard 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. End quote. This is pretty descriptive language. Commandeering the vehicle, attacking the driver, a kind of carjacking, and the headline introduced self-defense into the mix. It's all phrasing that goes quite a bit further than the basic details

that were originally reported about those eyewitness accounts. But it 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. 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. End quote. So to recap, even though it was the cyclist who did. died in a horrific way that night, and would never get his life back. It was the physically unharmed driver of the car who was being positioned as the real victim. And yes, the police had been quick to charge Michael Bryant with criminal negligence causing death and dangerous driving causing death. But

according to the Ottawa citizen, they apparently only did that because they knew he was high profile and they wanted to avoid criticism for giving him preferential treatment. But there was a large, invisible elephant in the room. When it came to the days of anonymous reporting and speculation about these new eyewitness reports that Darcy may have grabbed the wheel, it really only served as a smokescreen to cover up an even bigger issue. None of it was actually true. As it turned out, not one witness had mentioned seeing Darcy holding onto the steering wheel.

Not one person mention anything about a headlock or wrestling for control of the wheel, let alone an attempted carjacking. Now, 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, as we tell this story 13 years later, we have the full collision reconstruction report that includes detailed notes about all the relevant witness statements. So with the benefit of hindsight, context can be applied here that wouldn't have been possible

as the story about Darcy possibly grabbing the steering wheel was being reported in real time. 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. One witness explicitly stated that Darcy did not grab onto the steering wheel of the car. As you'll recall, Steve and Victoria with a couple having a casual stroll down Bloor Street, who witnessed the first part of the attack and saw the Saab driving off with Darcy hanging on to the side. According to Victoria's statement, Darcy's chest was pressed up against the car and she thought his left arm was wrapped around the rearview mirror and his right arm was hanging on to the car.

She said it was, quote, not like the guy was going to attack the driver, it was like the cyclist didn't want the driver to leave. And another witness reported similar details that Darcy's arm was inside the car and the rest of his body outside. The collision reconstruction report would state it plainly, quote, physical evidence or independent witness statements suggesting Mr. Shepherd affected the steering

of the Saab, or anything to suggest he physically attacked Mr. Bryant. So if we know now in hindsight that not one witness had mentioned anything about Darcy grabbing the steering wheel or fighting for control of the car, in fact, they viewed Michael Bryant as the primary aggressor in the situation, then why did the police state there were following up on witness accounts as though it was a confirmation that the reports were true. 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 Burroughs where those sudden reports of new eyewitness statements came from.

He replied that they did not originate from the police and record 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? And while it did not originate from the police, he acknowledged that the traffic service officers who answered the questions may have unknowingly played a role

in fueling those suggestions once they arose. Burroughs admitted that when journalist asked for comment about the new reports, a more appropriate response would have been to say they were looking into every possibility. instead of referring to what was included in those reports in their response. It should be noted that Detective Constable Lala 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.

But also, it was confirmation that certain media outlets had reported the existence of these reports without verifying or double-checking the source of the information. articles had stated as fact that there were eyewitness reports about Darcy grabbing the wheel. So the proverbial cat was now out of the bag, and while that was all good and well, a great deal of damage had already been done when it came to the spreading of this false 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 new 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. Her Toronto Star article had the headline, Spinning the first week of Michael Bryant's New Life, and it detailed the developments in the first few days after Darcy's death. 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 the 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.

He had started off as the high-profile perpetrator of the incident, with much public speculation about how it might affect his promising future. But in contrast to Darcy, who was being demonized as each day progressed, Michael 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. Perhaps the surveillance footage may have helped clear this up definitively, but it's zoomed-in CCTV footage, it's grainy, and the action happens in the corner of the frame. 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, in the footage, Bryant first uses the car to intimidate Shepard,

then strikes him and pushes him 10 feet, Bryant then puts it in reverse, then drive, and guns it past Shepard. As the cycle, struggles to get up, he grabs the passing car mirror to try to keep the car at the scene. Toronto Mike added, Not quite the minor collision we've been hearing about, is it? He noted that the clips were publicly available, quote, yet the media continues to imply Shepard chase the car down on foot in a rage after a minor collision.

As Mark Twain once said, never let the truth get in the way of a good story. 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. According to Friesen, the journalists who worked the story for the story for the media, the Globe and Mail, said they were also never contacted directly by Navigator, and instead uncovered the information about Darcy's checkered history through what they called old-fashioned reporting. But the witnesses who spoke to the Globe and Mail and other media outlets on the record about their knowledge of Darcy's past weren't the issue here. The problem lay with the reports that Darcy was the aggressor and may have grabbed the wheel. Reports that were completely

unconfirmed, yet were published as fact. Obviously they were false, so the police had no idea about them and were likely caught off guard, prompting them to give the ambiguous, we're investigating all the Angles' response, a response that inadvertently served to legitimise those reports. Daniel Tisch, President of Argyll Communications, was quoted as saying that because Navigator were so conspicuous, everyone knew they were on the case. And it, quote, fueled 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. Navigator Limited had since overhauled Michael Bryant's Facebook account and started a blog

and Twitter account under the name Bryant Fax. The Twitter account appears to have existed to respond to negative public comments directed towards Michael Bryant and the first blog entry declared it to be a record correction site to quickly correct inaccuracies as they appear with factual responses. The site is only available on the Internet Archive Wayback

machine now. There weren't many entries but as an example one of them states, quote, The police have dismissed the allegation that Mr Bryant fled the scene of the accident. Mr Bryant and his wife pulled off the road and immediately called 911. Police have also dismissed any suggestion that Mr Bryant was intoxicated. Now, this entry provides no police source for this information, no links to any statements from police or any reference to where the police spoke about such allegations. The Toronto Starpiece written by Linda Diball titled,

Spinning the First Week of Michael Bryant's New Life, also explored some of the public relations tactics used by the Bryant camp and how they contributed to the changing shape of the story. Quote, the tenor of the public mood has shifted from the moment the lives of two people, polar opposites and experience, status and power, intersected on Bloor just west. of Bay. Debel wrote that those with experience in the matter could see navigator's fingerprints

all over public opinion. In fact, Navigator confirmed it themselves. On day three, a reporter had commented to a partner of Navigator that things seemed to be going well for them, and the response was, I'm glad you agree. We're working hard to ensure that it does. A big part of that is us staying out of the story. The article quoted an understanding. named 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 got to say, most people think he will walk. By this point, the general public had been presented with all the sordid details of Darcy's grim past and criminal history,

combined with the compelling new narrative that he attempted to carjack a moving vehicle, like some kind of Incredible Hulk personified. It didn't matter that the narrative was presented as fact with no evidence to support it. It didn't matter that the Toronto police had clarified it did not come from them. The misinformation had been fed to a much wider audience than the correction had been. So not only did most people think Michael Bryant would walk free, but they probably hoped that he would as well. The same article quoted well-known criminal lawyer Clayton Ruby,

who insisted that can't happen. Michael Bryant has, quote, 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., had released a statement on behalf of Darcy's family and friends,

saying they were, quote, deeply saddened by the loss of their loved one and believed that no person deserves to die in the circumstances that occurred. Alan 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 centre of Toronto, where members of the community gathered for a drum circle and sang traditional songs. CBC News reported some of the things that Darcy's family, friends and others said about him. Ryan Walsh, his caseworker at Aboriginal Legal Services, services told those gathered that Darcy overcame many obstacles in his life, including a very troubled youth and criminal history. Quote, he was always willing to work on himself, always willing to

try. A relative read out another message from Alan Shepard Sr., who was always full of love and empathy for his late son, while pragmatically acknowledging the shades of light and dark in Darcy's past. One anecdote that Ellen shared started with Darcy asking for money for himself, but after Ellen gave it to him, he passed it on to a friend who was in the final stages of AIDS and experiencing homelessness. Quote, my son probably wanted the money I gave him to feed his demon of the moment, but he was still willing to share it with someone whose need was greater than his. Ellen also spoke about how Darcy wanted to make a difference in the community and how he actively promoted membership of the Canadian Union of Postal Workers for Bike Messengers.

Quote, he knew firsthand the conditions under which bicycle messengers work and he wanted to do something to make those conditions better. 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, mine 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 Chantal 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. David wrote that he and Darcy went through a lot together, and his brother will always be with him in his heart.

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, honour, strength, you got it all. Yet another note read,

He was one of the people who once they became your friend, you could always count on him to be in your corner. I miss him very much and hope you will always remember the good things he did for all of us. There were many, many notes filled with similar messages. Alan Shepard also had a message for the crowd, Darcy's loved ones and supporters. He said, The circumstances surrounding Darcy's death will be examined in court for months, possibly years.

You will see and hear many bad things about my son. Most of them will be true, in fact, if not in the characterizations 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. Alan 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.

Thanks for listening. Part two was an examination of the media reporting that happened in the first week after Darcy's death, how the story twisted and changed with each new day and how that influenced the public perception. In part three, we're back with the investigation, as the police continued to get to the bottom of what happened that night. Collision reconstruction experts were finalising their report. They'd analysed all the eyewitness statements, all the forensic evidence and more. and you'll learn exactly what they determined had happened that night. You'll also hear what happened in the court proceedings,

as the special independent prosecutor assesses the evidence and decides whether there's a reasonable prospect of Michael Bryant being convicted in the charges of criminal negligence and dangerous driving causing death. And finally, we'll hear Michael Bryant's version of what happened that night. Part 3 will be released in a week on June the 8th. If you're subscribed to add free premium feeds on Apple Podcasts, Patreon and Supercast, look out for a slightly early release. Special thanks to Aviva Lassad and Haley Gray for production assistance with this episode.

Thanks also to Alan Shepard, who set up the Darcy Ellen Shepard Files blog, as well as cycling advocate Joe Hendry, who maintains a separate blog called Bryant Watch, which also contains the statements, reports, and other information. on the case. For a link to these blogs and to view the full list of sources and resources used for this episode and anything else you might want to know, see the show notes or visit the page for this episode at Canadian Truecrime.ca. A lot of us have been talking about or watching the Johnny Depp and Amber Heard trial. And if you didn't know, the company who streamed it is called Law and Crime and they have this great daily trial recap podcast called

Law and Crime Sidebar. Each morning, they recap the top three moments from the day's most watched trials, along with analysis from the reporters who are actually inside the courtroom and daily depth updates as well. Subscribe to Law and Crime

Sidebar on Apple Podcasts, Spotify or wherever you get your podcasts. Or for the video version, check out Law and Crime on YouTube. As always, thank you so much for your kind ratings, reviews, messages and support. I read every message and I really appreciate them. Thank you also to the host of True for

voicing the disclaimer and We Talk of Dreams who compose the theme song. I'll be back soon with part three. See you then.