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News Release

SIU Concludes Investigation into Fatal Hamilton Shooting

Case Number: 07-OFD-063

TORONTO (7 May, 2007) --- James Cornish, the Director of the Special Investigations Unit (SIU), has concluded that there are no reasonable grounds to believe that two Hamilton Police Service (HPS) officers committed a criminal offence in relation to the fatal shooting of Soun Saing.

On April 6, 2007, ten SIU investigators were sent to Hamilton to probe the circumstances of the police shooting. As part of the investigation, two HPS officers were identified as having discharged their firearms during the incident and designated as subject officers. Investigators interviewed a total of 18 police and civilian witnesses. The police communication tape was reviewed and the involved officers' uniforms and firearms were examined. Six cartridge cases, a large knife and a hatchet were retrieved from the scene and also analyzed. A second knife, slingshot and small rocks were also found on Mr. Saing. A handcrafted copper badge was also affixed to his shirt.

The SIU investigation revealed that on April 6, 2007, at approximately 2:05 a.m., the owner of M&J Billiards and Video on Parkdale Avenue North called 911 to report that a man (later identified as Soun Saing) had entered his store and struck him on the head with a hatchet. While the owner was on the phone with the 911 operator, Mr. Saing left the store.

Two HPS officers arrived at about 2:09 a.m. and found Mr. Saing standing at the front door of Taps Tavern. They exited their cruiser and started to walk towards Mr. Saing but stopped when he turned around holding a hatchet.

The officers ordered Mr. Saing to drop the hatchet and pointed their guns at him. Mr. Saing stared at the officers and then reached inside his jacket and pulled out a knife. He held the hatchet in one hand and a knife in the other. Both officers repeatedly ordered Mr. Saing to stop and put his weapons down. Mr. Saing ignored the officers' commands and started to walk towards one officer who was retreating backwards around the rear of the parked police cruiser. The second officer had also retreated toward the front of the cruiser to create some distance between himself and Mr. Saing.

Mr. Saing was about 8-10 feet away from the officer when he suddenly turned and ran towards the second officer who was in front of the cruiser. Both officers fired several shots. Mr. Saing was struck and fell to the ground. The officers removed the weapons, handcuffed Mr. Saing and administered first aid until the paramedics arrived. At approximately 2:18 a.m., Mr. Saing was transported to hospital where he was pronounced dead.

A post mortem examination determined that two projectiles entered Mr. Saing's body and that he died as a result of gunshot wounds to his torso.

Director Cornish concluded that the officers reasonably interpreted the actions of Mr. Saing as a clear and immediate threat to their lives and that the use of deadly force was regrettably necessary in this incident. He said, "The evidence indicates that less than 30 seconds elapsed from the time the subject officers arrived at the scene to the time that they shot Mr. Saing. Once the police arrived, the actions of Mr. Saing escalated and they did so quite quickly. Nothing that the officers did or said was successful in de-escalating the situation. They did not shoot until Mr. Saing had significantly closed the gap between himself and them."

The SIU is an arm’s length agency that investigates reports involving police where there has been death, serious injury or allegations of sexual assault. Under the Police Services Act, the Director of the SIU must

  • consider whether an officer has committed a criminal offence  in connection with the incident under investigation
  • depending on the evidence, lay a criminal charge against the officer if appropriate or close the file without any charges being laid
  • report the results of any investigations to the Attorney General. 


SIU Communications/Service des communications, UES
Telephone/No de téléphone: 416-622-2342 or/ou 1-800-787-8529 extension 2342