SIU Concludes Investigation into Hamilton Firearm Injury
Case Number: 09-OFI-240
The SIU assigned four investigators and two forensic investigators to probe the circumstances of the incident.
On the night of Sunday, September 13, 2009, two plainclothes police officers were patrolling the vehicular and railway overpasses that traverse the Red Hill Valley in east Hamilton. Their presence was in response to reports that individuals were throwing rocks and other items from the overpass onto the Red Hill Valley Expressway, and at times at cars. At approximately 9:00 p.m., as the officers walked toward the east end of the Canadian Pacific Railway bridge, they saw two males. The officers approached the men, and identified themselves as police officers. One of the men fled, and was pursued by one of the officers. Meanwhile, the subject officer was struck across the face by the other man, David Rayner-Hagen. The officer stumbled backwards, and Mr. Rayner-Hagen struck the officer's head several times with a sawed-off shotgun. While attempting to disarm him, the subject officer fell onto his back. Mr. Rayner-Hagen continued to strike the officer with the shotgun, and then pointed the barrel of the shotgun at the officer, saying he would kill him. The officer shot Mr. Rayner-Hagen several times, causing his significant injury.
Director Scott said, "The subject officer was justified in law in shooting Mr. Rayner-Hagen under ss. 34(2) of the Criminal Code, as he had a reasonable apprehension of death from Mr. Rayner-Hagen who attacked the officer and pointed a sawed-off shotgun at him. Further, the officer believed on reasonable grounds that he could not otherwise preserve himself from death."
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.