News Release
Three Halton Regional Police Officers Charged
Case Number: 06-OCI-202
The SIU was notified that on November 25, 2006, at approximately 4:30 a.m., HRPS responded to a call for assistance at a home on Marine Drive in Oakville. While inside the home, officers employed use of force weapons. They discharged an ARWEN (Anti Riot Weapon Enfield) weapon and as a result, Gerry Morgan was struck once with a projectile made of rubber-like material and the allegation is that he suffered a serious injury to his upper arm. Officers also used a TASER device on Mr. Morgan and the allegation is that when he fell to the floor, Mr. Morgan suffered a broken hip. He was taken into police custody and transported to Oakville Trafalgar Hospital where he was treated for his arm injury and then released. A short time afterwards, Mr. Morgan was re-admitted to hospital and died in hospital on May 4, 2007.
There is no clear evidence from the SIU investigation that Mr. Morgan's death is linked to the November 25, 2006 incident.
After an extensive SIU investigation, Director Cornish concluded there were reasonable grounds to believe that Joe Davis, Richard Dodds and Matthew Kohler of the HRPS committed criminal offences and caused charges to be laid.
All three officers are charged with:
· assault causing bodily harm, contrary to section 267(b) of the Criminal Code of Canada; and
· unlawfully causing bodily harm, contrary to section 269 of the Criminal Code of Canada.
Mr. Davis and Mr. Kohler are also charged with:
· assault with a weapon: an extended range impact weapon, also known as an ARWEN, contrary to section 267(a) of the Criminal Code of Canada.
Mr. Dodds and Mr. Kohler are also charged with:
· assault with a weapon: a conducted energy device, also known as a TASER, contrary to section 267(a) of the Criminal Code of Canada.
The officers have been released on a Promise to Appear and an Undertaking with conditions. They will appear at the Ontario Court of Justice in Milton on May 28, 2007, to answer to the charges. Justice Prosecutions of the Ministry of the Attorney General will have carriage of the prosecutions.
As these matters are now before the courts, and in consideration of the fair trial interests of the charged officers and the community, the SIU will make no further comment pertaining to this investigation.
The SIU is an independent government agency that investigates the conduct of officials (municipal, regional and provincial police officers, police officers with the Nishnawbe Aski Police Service, special constables with the Niagara Parks Commission and peace officers with the Legislative Protective Service) that may have resulted in death, serious injury, sexual assault and/or the discharge of a firearm at a person. All investigations are conducted by SIU investigators who are civilians. Under the Special Investigations Unit Act, the Director of the SIU must
- consider whether the official has committed a criminal offence in connection with the incident under investigation
- depending on the evidence, cause a criminal charge to be laid against the official where grounds exist for doing so, or close the file without any charges being laid
- publicly report the results of its investigations