News Release

News Release

SIU Concludes Investigation into Leamington Shooting

Case Number: 09-OFI-057   

Mississauga (21 April, 2009) --- The Director of the Special Investigations Unit (SIU) Ian Scott has concluded that there are no reasonable grounds to believe that an officer of the Leamington Police Services (LPS) committed any criminal offence in relation to the gunshot injuries sustained by a Leamington man in March of this year.

Five SIU investigators and two forensic investigators were assigned to probe the circumstances of this incident.

The SIU investigation determined that at 3:55 p.m. on March 14, 2009 six officers of the LPS went to Martin Drive to investigate a report of someone being threatened by a man with a gun. When the officers arrived they located 70 year old Jose Calmeiro brandishing a rifle. The subject officer ordered him to drop the rifle, but he would not do so. Instead, Mr. Calmeiro pointed the rifle in the direction of the subject officer. The officer discharged his firearm twice at Mr. Calmeiro, striking him once. Mr. Calmeiro was taken to Leamington District Memorial Hospital where he was treated and released.

Director Scott said, “Pursuant to ss 25(3) of the Criminal Code, a peace officer is justified in using lethal force against another if he/she believes on reasonable grounds that it is necessary for his/her self-preservation. Here, the subject officer had a reasonable belief that an operating firearm was being pointed in his direction by an individual who was not complying with his demands to drop the weapon. Accordingly, in my view, the subject officer was justified in discharging his shotgun at Mr. Calmeiro, and I cannot form any grounds that criminality attaches to his actions.”

The SIU is an independent government agency that investigates the conduct of officials (police officers as well as 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