SIU Director’s Report - Case # 23-OCD-036
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Contents:
Mandate of the SIU
The Special Investigations Unit is a civilian law enforcement agency that investigates incidents involving an official where there has been death, serious injury, the discharge of a firearm at a person or an allegation of sexual assault. Under the Special Investigations Unit Act, 2019 (SIU Act), officials are defined as police officers, special constables of the Niagara Parks Commission and peace officers under the Legislative Assembly Act. The SIU’s jurisdiction covers more than 50 municipal, regional and provincial police services across Ontario.
Under the SIU Act, the Director of the SIU must determine based on the evidence gathered in an investigation whether there are reasonable grounds to believe that a criminal offence was committed. If such grounds exist, the Director has the authority to lay a criminal charge against the official. Alternatively, in cases where no reasonable grounds exist, the Director cannot lay charges. Where no charges are laid, a report of the investigation is prepared and released publicly, except in the case of reports dealing with allegations of sexual assault, in which case the SIU Director may consult with the affected person and exercise a discretion to not publicly release the report having regard to the affected person’s privacy interests.
Under the SIU Act, the Director of the SIU must determine based on the evidence gathered in an investigation whether there are reasonable grounds to believe that a criminal offence was committed. If such grounds exist, the Director has the authority to lay a criminal charge against the official. Alternatively, in cases where no reasonable grounds exist, the Director cannot lay charges. Where no charges are laid, a report of the investigation is prepared and released publicly, except in the case of reports dealing with allegations of sexual assault, in which case the SIU Director may consult with the affected person and exercise a discretion to not publicly release the report having regard to the affected person’s privacy interests.
Information Restrictions
Special Investigations Unit Act, 2019
Pursuant to section 34, certain information may not be included in this report. This information may include, but is not limited to, the following:- The name of, and any information identifying, a subject official, witness official, civilian witness or affected person.
- Information that may result in the identity of a person who reported that they were sexually assaulted being revealed in connection with the sexual assault.
- Information that, in the opinion of the SIU Director, could lead to a risk of serious harm to a person.
- Information that discloses investigative techniques or procedures.
- Information, the release of which is prohibited or restricted by law.
- Information in which a person’s privacy interest in not having the information published clearly outweighs the public interest in having the information published.
Freedom of Information and Protection of Privacy Act
Pursuant to section 14 (i.e., law enforcement), certain information may not be included in this report. This information may include, but is not limited to, the following:- Confidential investigative techniques and procedures used by law enforcement agencies; and
- Information that could reasonably be expected to interfere with a law enforcement matter or an investigation undertaken with a view to a law enforcement proceeding.
- The names of persons, including civilian witnesses, and subject and witness officials;
- Location information;
- Witness statements and evidence gathered in the course of the investigation provided to the SIU in confidence; and
- Other identifiers which are likely to reveal personal information about individuals involved in the investigation.
Personal Health Information Protection Act, 2004
Pursuant to this legislation, any information related to the personal health of identifiable individuals is not included.Other proceedings, processes, and investigations
Information may also have been excluded from this report because its release could undermine the integrity of other proceedings involving the same incident, such as criminal proceedings, coroner’s inquests, other public proceedings and/or other law enforcement investigations.Mandate Engaged
Pursuant to section 15 of the SIU Act, the SIU may investigate the conduct of officials, be they police officers, special constables of the Niagara Parks Commission or peace officers under the Legislative Assembly Act, that may have resulted in death, serious injury, sexual assault or the discharge of a firearm at a person.
A person sustains a “serious injury” for purposes of the SIU’s jurisdiction if they: sustain an injury as a result of which they are admitted to hospital; suffer a fracture to the skull, or to a limb, rib or vertebra; suffer burns to a significant proportion of their body; lose any portion of their body; or, as a result of an injury, experience a loss of vision or hearing.
In addition, a “serious injury” means any other injury sustained by a person that is likely to interfere with the person’s health or comfort and is not transient or trifling in nature.
This report relates to the SIU’s investigation into the death of a 35-year-old man (the “Complainant”).
A person sustains a “serious injury” for purposes of the SIU’s jurisdiction if they: sustain an injury as a result of which they are admitted to hospital; suffer a fracture to the skull, or to a limb, rib or vertebra; suffer burns to a significant proportion of their body; lose any portion of their body; or, as a result of an injury, experience a loss of vision or hearing.
In addition, a “serious injury” means any other injury sustained by a person that is likely to interfere with the person’s health or comfort and is not transient or trifling in nature.
This report relates to the SIU’s investigation into the death of a 35-year-old man (the “Complainant”).
The Investigation
Notification of the SIU [1]
On February 4, 2023, at 2:35 p.m., the Barrie Police Service (BPS) notified the SIU of the Complainant’s death.According to the BPS, on February 4, 2023, at 12:10 p.m., BPS were contacted by the civilian witness (CW) reporting that she had fled from the Complainant’s vehicle after he committed serious and violent offences against her. The CW advised BPS that the Complainant was in possession of firearms. BPS officers responded and transported the CW to Soldier’s Memorial Hospital for assessment. As her phone had been left in the Complainant’s vehicle, BPS officers were able to track the CW’s phone and located the vehicle. No one was inside the vehicle. The police began a search for the Complainant and, at 2:25 p.m., located him near Kempenfelt Drive and Nelson Square. BPS officers attempted to have him drop the firearm he was holding. At 2:26 p.m., the Complainant raised a shotgun and shot himself in the head. Emergency Medical Services (EMS) attended and pronounced the Complainant deceased.
The Team
Date and time team dispatched: 02/04/2023 at 2:59 p.m.Date and time SIU arrived on scene: 02/04/2023 at 6:00 p.m.
Number of SIU Investigators assigned: 4
Number of SIU Forensic Investigators assigned: 3
Affected Person (aka “Complainant”):
35-year-old male; deceasedCivilian Witness (CW)
CW Interviewed The civilian witness was interviewed on February 6, 2023.
Subject Official (SO)
SO Interviewed; notes received and reviewed The subject official was interviewed on April 11, 2023.
Witness Officials (WO)
WO #1 Interviewed WO #2 Interviewed
WO #3 Notes reviewed; interview deemed not necessary
The witness officials were interviewed between February 9 and February 10, 2023.
Evidence
The Scene
The events in question transpired on an embankment along the edge of Lake Simcoe, Barrie. The body of the Complainant was located at the scene. To the east of the body was a Remington 870 shotgun propped against a snow-covered rock. Also located was a can of butane and a black pistol.
Figure 1 - Shotgun located at scene
Figure 2 - Pistol located at scene
Physical Evidence
The SIU collected a Remington 870 shotgun and a Glock 22, .40 calibre pistol.Video/Audio/Photographic Evidence [2]
Communications Recordings
On February 6, 2023, SIU requested that the BPS provide the pertinent communications recordings in connection with the incident under investigation. The recordings were provided to the SIU on March 9, 2023.Starting at about 12:10 p.m., a BPS dispatcher was captured advising BPS officers of the CW’s allegations.
Starting at about 12:14 p.m., BPS officers responded to the call for service. They checked the Complainant’s residence for the Complainant, with negative results.
Starting at about 12:18 p.m., BPS officers were told the Complainant had previous firearm and drug-related offences.
Starting at about 12:23 p.m., BPS officers were told the Complainant was flagged as ‘unpredictable’ by Ontario Provincial Police.
Starting at about 12:28 p.m., a request was made to ‘ping’ the Complainant’s cellular phone. As the Complainant’s and the CW’s cellular phones were in the vehicle driven by the Complainant, both phones were pinged.
Starting at about 2:02 p.m., the vehicle driven by the Complainant was located, unoccupied. It was parked facing westbound on Kempenfelt Drive.
Starting at about 2:23 p.m., a police dog began a track down to Johnson’s Beach.
Starting at about 2:25 p.m., a male’s voice was heard in the background yelling, “Show your hands,” before the transmission ended abruptly.
Starting at about 2:25 p.m., dispatch was advised that contact had been made with the Complainant. He was holding a firearm. A male’s voice then said, “Self-inflicted gunshot to the head. Male self-inflicted gunshot.” EMS was requested. A police officer said, “He’s gone.”
Starting at about 2:27 p.m., a shotgun was recovered. A handgun was also found in a duffle bag.
Starting at about 2:38 p.m., EMS arrived on scene.
Body-worn Camera (BWC) Footage – The SO
On February 4, 2023, the SIU requested that the BPS provide the BWC footage of their interaction with the Complainant on February 4, 2023. On February 6, 2023, the BPS provided the footage. The following is a summary of the footage captured by the SO’s BWC.Starting at about 2:25 p.m., the SO was captured walking eastbound around a large fallen tree on the shore of Kempenfelt Bay. The Complainant was seen in black clothing; he was sitting in the snow on the shoreline with a shotgun pointed upward. The SO pointed his carbine rifle in the Complainant’s direction. WO #3 was up on the top of an embankment, his carbine rifle also pointed towards the Complainant.
Starting at about 2:26 p.m., the Complainant moved the shotgun and self-inflicted a gunshot to his head; a single gunshot was heard. The Complainant’s body slumped over towards the ground.
Starting at about 2:26 p.m., the SO said, “Self-inflicted gunshot to the head, male self-inflicted gunshot.” WO #1 said, “Let’s get first-aid going guys.” The SO took a knee and replied, “He’s dead buddy.” WO #1 said, “Roll an ambulance anyway,” and, “Can you see the gun, let’s get the area safe, OK, we’ve got paramedics coming.” The SO approached the Complainant’s body, removed a shotgun from under his slumped body and dropped it to the right of him.
Starting at about 2:27 p.m., the SO removed a black duffle bag from the right side of the Complainant. He pulled out a handgun and then put it back in the bag.
Starting at about 2:30 p.m., the SO removed the handgun from the bag, cleared the magazine and bullet from the chamber, thereafter, placing it on the duffle bag. WO #3 went to where the shotgun was leaning against a rock, unloaded five shotgun shells, and returned it against the rock. He collected the ammunition and placed the shells on the ground beside the shotgun.
Materials Obtained from Police Service
Upon request, the SIU received the following materials from the BPS between February 6, 2023, and April 11, 2023: - Record of computer-assisted dispatch;
- Communications recording;
- General Report;
- BWC footage;
- Involved Officers List;
- Notes – SO;
- Notes – WO #1;
- Notes – WO #2;
- Notes – WO #3;
- Photographs;
- Audio interview of female witness; and
- Policy - Use of Force.
Incident Narrative
The material events in question, clear on the evidence collected by the SIU, may briefly be summarized.
Shortly after noon of February 4, 2023, the BPS received a 911 call from staff at a grocery store in Barrie. A woman – the CW – had entered the store seeking help in relation to serious allegations against a male assailant. Another woman had also reported seeing the male with a handgun. Officers were dispatched to the store.
At the store, the CW told officers that the male was the Complainant. She confirmed that the Complainant had a firearm and was in possession of grenades. This information was broadcast via radio to other officers, as was the fact that a check of the Complainant’s police file confirmed that there were cautions on his record for being ‘unpredictable’.
Given the nature of the incident, members of the BPS Tactical Support Unit (TSU) were dispatched to assist in locating and arresting the Complainant. At about 2:00 p.m., the vehicle the Complainant had been operating – a Ford Edge – was located in the area of Kempenfelt Drive. There was no one in the vehicle, but there were marks in the snow leading from the vehicle towards a nearby embankment on the north shore of Kempenfelt Bay.
With the help of a police dog and his handler – WO #1 – TSU officers, the SO and WO #2, headed down the embankment into a wooded area to find the Complainant. Within a couple of minutes, they did so. The Complainant was sitting by a culvert – his back to the officers – holding a shotgun to his head. The officers directed the Complainant to drop the gun and pleaded with him not to “do it”. Within 15 seconds of their encounter, the Complainant shot himself in the head. The time was about 2:26 p.m.
The officers approached the Complainant and realized there was nothing they could do by way of medical aid – he was clearly deceased.
Cause of Death
The pathologist at autopsy was of the preliminary view that the Complainant’s death was attributable to a gunshot wound to the head.
Shortly after noon of February 4, 2023, the BPS received a 911 call from staff at a grocery store in Barrie. A woman – the CW – had entered the store seeking help in relation to serious allegations against a male assailant. Another woman had also reported seeing the male with a handgun. Officers were dispatched to the store.
At the store, the CW told officers that the male was the Complainant. She confirmed that the Complainant had a firearm and was in possession of grenades. This information was broadcast via radio to other officers, as was the fact that a check of the Complainant’s police file confirmed that there were cautions on his record for being ‘unpredictable’.
Given the nature of the incident, members of the BPS Tactical Support Unit (TSU) were dispatched to assist in locating and arresting the Complainant. At about 2:00 p.m., the vehicle the Complainant had been operating – a Ford Edge – was located in the area of Kempenfelt Drive. There was no one in the vehicle, but there were marks in the snow leading from the vehicle towards a nearby embankment on the north shore of Kempenfelt Bay.
With the help of a police dog and his handler – WO #1 – TSU officers, the SO and WO #2, headed down the embankment into a wooded area to find the Complainant. Within a couple of minutes, they did so. The Complainant was sitting by a culvert – his back to the officers – holding a shotgun to his head. The officers directed the Complainant to drop the gun and pleaded with him not to “do it”. Within 15 seconds of their encounter, the Complainant shot himself in the head. The time was about 2:26 p.m.
The officers approached the Complainant and realized there was nothing they could do by way of medical aid – he was clearly deceased.
Cause of Death
The pathologist at autopsy was of the preliminary view that the Complainant’s death was attributable to a gunshot wound to the head. Relevant Legislation
Sections 219 and 220, Criminal Code -- Criminal Negligence Causing Death
219 (1) Every one is criminally negligent who
(a) in doing anything, or(b) in omitting to do anything that it is his duty to do,
shows wanton or reckless disregard for the lives or safety of other persons.
(2) For the purposes of this section, duty means a duty imposed by law.
(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and(b) in any other case, to imprisonment for life.
Analysis and Director's Decision
The Complainant died of a self-inflicted gunshot wound to the head on February 4, 2023. As police officers were on scene at the time of the shooting, the SIU was notified and initiated an investigation. One of the officers – the SO – was identified as the subject official. The investigation is now concluded. On my assessment of the evidence, there are no reasonable grounds to believe that the SO committed a criminal offence in connection with the Complainant’s death.
The SO and the officers present with him were lawfully placed and in the execution of their duties at the time of the shooting. They had reason to believe that the Complainant was armed and had committed multiple offences against the CW, and it was imperative that he be located and taken into custody as soon as possible.
There is also nothing to suggest any want of care on the part of the SO or his colleagues in the moments before the Complainant took his own life. Rather, the evidence indicates that the officers comported themselves professionally by quickly locating the Complainant and doing what they could by way of verbal exhortations to avoid harm coming to him or anyone else. The Complainant was not to be deterred, however, and gave the officers little to no time to prevent his demise.
In the result, as there are no reasonable grounds to believe that the SO transgressed the limits of care prescribed by the criminal law in his brief dealings with the Complainant, there is no basis for proceeding with criminal charges in this case. The file is closed.
Date: June 2, 2023
Electronically approved by
Joseph Martino
Director
Special Investigations Unit
The SO and the officers present with him were lawfully placed and in the execution of their duties at the time of the shooting. They had reason to believe that the Complainant was armed and had committed multiple offences against the CW, and it was imperative that he be located and taken into custody as soon as possible.
There is also nothing to suggest any want of care on the part of the SO or his colleagues in the moments before the Complainant took his own life. Rather, the evidence indicates that the officers comported themselves professionally by quickly locating the Complainant and doing what they could by way of verbal exhortations to avoid harm coming to him or anyone else. The Complainant was not to be deterred, however, and gave the officers little to no time to prevent his demise.
In the result, as there are no reasonable grounds to believe that the SO transgressed the limits of care prescribed by the criminal law in his brief dealings with the Complainant, there is no basis for proceeding with criminal charges in this case. The file is closed.
Date: June 2, 2023
Electronically approved by
Joseph Martino
Director
Special Investigations Unit
Endnotes
- 1) The information in this section reflects the information received by the SIU at the time of notification and does not necessarily reflect the SIU’s finding of facts following its investigation. [Back to text]
- 2) The following records contain sensitive personal information and are not being released pursuant to section 34(2) of the Special Investigations Unit Act, 2019. The material portions of the records are summarized below. [Back to text]
Note:
The signed English original report is authoritative, and any discrepancy between that report and the French and English online versions should be resolved in favour of the original English report.