No Charges Warranted in Case where Man Died after Being Shot Multiple Times
Case Number: 16-TFD-064
Other News Releases Related to Case 16-TFD-064
- On March 4, 2016, the OPS was investigating a man who had stolen a vehicle and had committed an armed bank robbery. Officers also had information that the man had stolen a pellet pistol earlier in the day, which closely resembled a real firearm.
- Through their investigation, the OPS believed the man was on his way to Toronto to meet a friend. In addition to attempting to contact the friend, an OPS detective notified TPS with information respecting the armed robbery. The notification included a description of the man and the fact that he was armed with a handgun. The information concerning the handgun was subject to the caveat that the man’s family reported that a pellet gun was missing from the home, and that it was unclear if that was the same weapon used in the robbery.
- A TPS sergeant managed to get in touch with the friend at approximately 9:30 p.m. She told the sergeant that she and the man would be meeting at a mall. Officers arrived at the mall and kept a lookout for the man and the stolen vehicle. At approximately 10 p.m., the friend informed police that she was in a taxi cab on the way to an address on Bayview Avenue.
- Prior to the arrival of the taxi cab, several uniformed police officers made their way to Bayview Avenue in three police vehicles. Although it was night, the area was well-illuminated by street lamps.
- The taxi cab pulled into the driveway at 10:08 p.m. The friend exited the vehicle and walked to the front door of the residence. At this point, one of the officers pulled his cruiser behind the taxi cab, but maintained a distance of approximately 4.5 metres. Another officer stopped his cruiser behind the first cruiser. The third cruiser traveled farther south along Bayview Avenue where the officer activated his emergency roof lights and in-car camera system.
- The man exited the taxi cab and stood just outside the door facing the police cruisers. Two of the officers got out the police vehicle parked closest to the taxi cab and stood behind their respective doors. The man began shouting at the police officers “what are you going to do?” The man appeared to be holding a black handgun at his right side. SO #1 drew his firearm, and yelled “gun” in order to alert the other officers. This subject officer began repeatedly yelling “police, don’t move—drop the gun!” SO #2 similarly drew his own gun and began yelling police challenges. As the two subject officers were yelling at the man, two other officers – SO #3 and a witness officer – exited their police cruiser and stood behind the doors for cover. They drew their firearms after hearing the verbal exchange, and ran up the driveway to SO #1’s cruiser. As the man was illuminated by headlights from one of the police vehicles, SO #3 was able to confirm that the man was in fact holding what appeared to be a black handgun. The man’s response to the police challenges was to continually shout “what are you going to do?” He continued to hold the gun at his side.
- During the standoff between the man and the four police officers, the friend ran up to the man and attempted to wrestle the weapon out of his hand. He maintained his grip on the weapon and pushed her away. The officers yelled at the woman to get away from the man, amidst commands to “drop the gun”. The man then extended his right arm straight into the air and pointed the gun at SO #1. In response, SO #1, SO #2 and SO #3 discharged their firearms.
- The man sustained a total of eight gunshot wounds, which proved to be fatal. He was pronounced dead on March 5, 2016.
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.
Monica Hudon, firstname.lastname@example.org
SIU Communications/Service des communications, UES
Telephone/No de téléphone: 416-622-2342 or/ou 1-800-787-8529 extension 2342