SIU Concludes Investigation into Shooting in Kitchener
Case Number: 07-OFD-240
Other News Releases Related to Case 07-OFD-240
The SIU assigned five field investigators and three forensic identification technicians to investigate the circumstances of Mr. Graham's death.
The SIU investigation determined that at 9:38 p.m., Tuesday November 20, 2007, two uniformed officers responded to a report of a robbery in progress at the Shopper's Drug Mart on Ottawa St. South. When the officers arrived Mr. Graham was in the process of leaving the store via the main entrance. The officers noticed Mr. Graham, with his face concealed, was carrying merchandise in one hand and a knife in the other hand. The officers shouted at Mr. Graham to drop the knife and stop, numerous times. Mr. Graham ignored the officer's commands and advanced towards them. The subject officer discharged her service pistol once. The shot struck Mr. Graham in the chest, and he collapsed to the floor. EMS responded to the scene and Mr. Graham was taken to Grand River Hospital by ambulance. Mr. Graham succumbed to his injuries.
Director Cornish said, "The subject officer was clearly acting within the course of her lawful duties when she responded to the armed robbery call at the store and confronted Mr. Graham. Regrettably Mr. Graham chose to move steadfastly in the officer's direction while holding a knife in his left hand. I have no doubt that the officer shot Mr. Graham believing her life to be in danger. In the circumstances, faced with an armed robber within feet of her position, I am satisfied the officer's belief was a reasonable one."
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.