TORONTO - A police officer seen on video allegedly threatening to sexually assault a tow-truck driver with two pink sex toys should be fired, the man said Wednesday.
Standing outside the detachment where he says the incident happened, Jagdis (Mike) Tirbany said he was distressed that criminal charges against the officer had been dropped.
"How many times is he going to get away with something like this?" Tirbany said.
"They think they have a badge and gun and they can do whatever they want to the public because nobody believes us, the regular citizens."
Tirbany, 46, of Toronto, said the incident occurred inside a north-end Ontario Provincial Police detachment where he had gone last March for fingerprinting in light of an assault charge he was facing.
He said he took the video using a "spy pen" because of a history of problems with the officers involved.
The video shows Tirbany having words with Const. Ludgero Cafe, who accuses Tirbany of having a big mouth and a disregard for the law.
Cafe is seen briefly with what appears to be a sex toy in either hand, and suggests they will be used on Tirbany.
"Which one do you want to use, this one or the other one?" Cafe asks him.
"If you ever end up going to jail, in a nice mostly dark place . . . that’s exactly what Bubba's gonna do to you; I will personally send a nice text to take care of you in there."
The driver said Wednesday he initially couldn't make sense of what he was hearing because he was so surprised. But he said there was no doubt about what Cafe had in his hands or the nature of the threat.
Tirbany, a married father of three, alleged he was threatened with being sodomized.
"I was shocked. I didn't expect something like that to come out."
Following an investigation by the province's special investigations unit, Cafe was charged with uttering a threat to cause bodily harm.
Crown prosecutor Ian Bulmer confirmed the charge was withdrawn in February.
"It was screened according to ministry Crown policy on charge screening and it was determined that there was no reasonable prospect of conviction," Bulmer said without elaborating.
Cafe could not immediately be reached for comment, but provincial police spokesman Sgt. Dave Woodford said the force has been waiting for the criminal charges to be resolved and the complaints watchdog to wrap up its investigation before delving into the incident.
"It hasn't gone through our professional standards branch yet," Woodford said, adding internal charges could still be pursued if warranted.
Tirbany's lawyer, Davin Charney, said the prosecution should have gone ahead given the video evidence.
"Who would believe that well paid, trained police officers would do such a thing?" Charney said at a news conference outside the detachment.
"It makes me wonder how many times these kinds of incidents are taking place inside police stations across Canada but either going unreported or, if they're reported, the person is not believed."
The case highlights the failure of the current system when it comes to police accountability, Charney said, adding Tirbany should be praised for coming forward.
"Not everybody speaks out against injustices committed by the police. People are afraid of the police."
While the video at one point shows him chuckling, he said he was simply playing along.
"I had to do that because I was in a room cornered by two of them and I was scared for my life there."
At times, the audio from the video is unintelligible and much of it does not show the officers. Parts of it, where little is happening, have been sped up.
Tirbany, who has an unrelated criminal-negligence conviction relating to a vehicle crash, said the incident has left him distraught. As a result, he gave up his towing business, he said.
"It's so personal. It disturbed me in such a way, that I can't function every day."
Tirbany said he expects to file a lawsuit against the police, alleging sexual assault, intimidation, and wrongful interference with his business.
He also said he has complained to the Office of the Interdependent Police Review Director about the conduct of three officers, including Cafe, and expects a written report in the next few weeks.
The complaint alleges the other officers witnessed Cafe's conduct but failed to report the incident.
Earlier on HuffPost:
Lubed Up And Locked Up
Barbara Hall was involved in a bedroom romp with her boyfriend when he asked her if she had brought PAM cooking spray, which he wanted to use as lubricant. However, Hall thought he was referring to an ex-girlfriend of his named Pam, and she allegedly flew into a jealous rage, punching him repeatedly and heaving objects at his head. <a href="http://www.huffingtonpost.com/2012/06/14/barbara-hall-pam-cooking-spray-sex-assault-florida_n_1597702.html">Read the whole story here.</a>
Sucker For A Deal
Crystal Frantzen allegedly gave Gary Tipton oral sex in a gas station parking lot in order to get a "better deal" on a Cadillac he was selling. <a href="http://www.huffingtonpost.com/2013/03/27/crystal-frantzen-gary-tipton-oral-sex-better-deal-car_n_2962844.html?1364393996" target="_blank">Read the whole story here.</a>
Menage a TERROR
Mindi and David Rice were engaging in a three-way with a female friend, but when MIndi noticed David was giving the friend a little too much attention, she allegedly reached for a revolver. The ensuing madness ended with gunfire, SWAT team involvement and a police tasing. <a href="http://www.huffingtonpost.com/2012/09/04/mindi-david-rice-threeway-gunshots-swat-team_n_1855310.html">Read the whole story here.</a>
A Knife To Remember
<a href="http://www.thesmokinggun.com/documents/woman-pulls-knives-at-threesome-682451" target="_hplink">Valerie Nile was accused</a> of pulling out several knives after allegedly threatening her neighbors when the threesome she had planned with them never materialized. This incident took place January 2012 in Knox County, Maine. <a href="http://www.huffingtonpost.com/2013/01/25/valerie-nile-threesome-knives_n_2552540.html">Read our story here.</a> <em><strong>CORRECTION</strong>: A previous version of this slide incorrectly states that the incident took place in Knox County, Tenn. It took place in Knox County, Maine.</em>
More Cushion For The Pushin'
Talk about a love seat. Gerard Streator was allegedly caught having sex with a couch on the side of the road. <a href="http://www.huffingtonpost.com/2012/09/24/gerard-streator-sex-with-couch_n_1909699.html">Read the whole story here.</a>
Dude, Where's My Dildo?
Arteesha Donaldson became upset when she lost her "detachable latex penis," cops say, which caused an argument between Donaldson and her girlfriend. The fight allegedly ended with Donaldson chucking at ironing board. <a href="http://www.huffingtonpost.com/2012/11/27/arteesha-donaldson-south-carolina-assault-sex-toy-detachable-penis_n_2200389.html">Read the whole story here.</a>
Don't Come Quickly
Racquel Gonzalez was allegedly none too pleased when her boyfriend orgasmed and she didn't. She allegedly responded by scratching and hitting him, which caused him to call 911. The cops came not a moment too soon. <a href="http://www.huffingtonpost.com/2012/11/27/racquel-gonzalez-esric-davis-orgasm-assault-sex_n_2200096.html">Read the whole story here.</a>
Japanese porn star Uta Kohaku asked her fans on Twitter to donate their sperm as part of an erotic film titled "Semen Collection 2." She received over 100 bottles in less than 10 days. <a href="http://www.huffingtonpost.com/2012/12/27/uta-kohaku-japanese-porn-semen_n_2366349.html">Read more about it here.</a>
Tyshinia Love Brewster was working as a prison guard when she allegedly had sex with one of the inmates at the facility and became pregnant with his baby. Brewster was charged with third-degree rape, since inmates cannot legally give consent. <a href="http://www.huffingtonpost.com/2013/02/21/tyshinia-love-brewster-prison-guard-pregnant-rape_n_2733481.html?1361462977">Read the whole story here.</a>
Did Somebody Say McCreepy?
Sukhbir Singh was banned from every single McDonalds restaurant in England after being caught spying on women using toilets at the fast food establishment. <a href="http://www.huffingtonpost.com/2012/11/20/sukhbir-singh-banned-from-mcdonalds_n_2165471.html">Read the whole story here.</a>
Sex, Guns, And Moving Cars
Amanda Linscott allegedly pulled a gun on a man while the two were having sex in a moving car. The man punched her in the face, but not before losing control of the vehicle and crashing into a palm tree. <a href="http://www.huffingtonpost.com/2012/09/12/amanda-linscott-gun-sex-moving-car_n_1877198.html">Read the whole story here.</a>
Penis Stolen By Thieves
Fei Lin told law enforcement officials that men, believed to be jealous lovers of women Lin had bedded, broke into his home at night, cut off his penis, and stole it. <a href="http://www.huffingtonpost.com/2012/07/24/fei-lin-penis_n_1699017.html">Read the whole story here.</a>
S&M aficionado Frankie Santiago was submissive -- until she found out her boyfriend was cheating on her. Santiago allegedly began sending the man a slew of menacing text messages and was charged with stalking, criminal mischief and harassment. <a href="http://www.huffingtonpost.com/2012/08/16/frankie-santiago-edward-sonderling_n_1791567.html">Read the whole story here.</a>
We've All Been There
A Munich man had to flee to police when a woman he was sleeping with demanded too much sex. He told officials that he and the woman had sex several times, but when he said he was through for the night, she refused to let him leave and insisted they keep doing it. <a href="http://www.huffingtonpost.com/2012/04/13/man-flees-after-too-much-sex_n_1423530.html">Read the whole story here.</a>
Dinner And A Show
Jeremie Calo and Tiffanie Lynn Barganier were apprehended while allegedly having sex on a restaurant table in full view of other patrons, including children. Calo also allegedly refused to pay his $101 bill, writing the restaurant a check that contained only the word "NO." <a href="http://www.huffingtonpost.com/2012/10/17/jeremie-calo-tiffani-lynn-barganier-restaurant-table-sex_n_1974199.html">Read the whole story here.</a>
Man Cuts Off Penis, Forgets To Bring It To Hospital
A Chinese man who cut off his own penis because of frustration at the fact that he didn't have a girlfriend was left in such incredible agony that he decided to cycle to a hospital for treatment. But when he arrived doctors told him they couldn't help him – and ordered him to cycle back home again to get the penis before he could be treated.