News Release

News Release

SIU Concludes Investigation into Toronto Firearm Injury

Case Number: 10-TFI-260   

Mississauga (1 March, 2011) --- The Director of the Special Investigations Unit (SIU), Ian Scott, has concluded that there are no reasonable grounds to charge any officer of the Toronto Police Service (TPS) with a criminal offence in regards to the firearm injuries sustained by Jonathan Duarte on December 3, 2010.

 

The SIU assigned six investigators and three forensic investigators to probe the circumstances of this incident. The SIU designated two officers as subject officers and interviewed eleven witness officers. Eleven civilian witnesses were also interviewed.

 

The SIU investigation determined that on December 3, 2010, at approximately 4:00 pm, members of the TPS were dispatched to the residence of Mr. Duarte after receiving information that he had stabbed his father. The two subject officers were part of the Emergency Task Force (ETF) team. Just before the ETF arrived, Mr. Duarte had advanced on a number of 41 Division officers with a knife and then returned to the residence. After their arrival, Mr. Duarte again left the residence armed with a knife and approached the ETF officers. One of the officers ordered him to drop the knife, but he continued to advance in their direction. Other ETF members discharged four Taser devices, none of which had any impact on Mr. Duarte who continued to advance. At that point, the two subject officers discharged their firearms once each, with the bullets striking him in the stomach area. Mr. Duarte fell to the ground and was subdued. Mr. Duarte was then transported to the Sunnybrook Health Sciences Centre, where he received emergency medical treatment for gunshot injuries. He is expected to make a full recovery.

 

Director Scott stated "There are no reasonable grounds to believe that the subject officers committed a criminal offence in relation to the firearms injury to the complainant, Jonathon Duarte, on December 3, 2010. In my view, the officers were justified in discharging their firearms under s. 34(2) and s. 27 of the Criminal Code; Mr. Duarte represented an imminent threat of grievous bodily harm or death to both the subject officers and the other members of the ETF as he continued to advance towards them with a knife. He refused to comply with the officers’ order to drop his weapon, and the deployment of the Tasers was ineffective. Accordingly, no criminal liability may attach to the actions of the subject officers."

 

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