Director's Report Details

The Special Investigations Unit is a civilian law enforcement agency that investigates incidents involving police officers where there has been death, serious injury or allegations of sexual assault. The Unit’s jurisdiction covers more than 50 municipal, regional and provincial police services across Ontario.

Under the Police Services Act, the Director of the SIU must determine based on the evidence gathered in an investigation whether an officer has committed a criminal offence in connection with the incident under investigation. If, after an investigation, there are reasonable grounds to believe that an offence was committed, the Director has the authority to lay a criminal charge against the officer. Alternatively, in all cases where no reasonable grounds exist, the Director does not lay criminal charges but files a report with the Attorney General communicating the results of an investigation.

Freedom of Information and Protection of Personal Privacy Act (“FIPPA”)

Pursuant to section 14 of FIPPA (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 whose release could reasonably be expected to interfere with a law enforcement matter or an investigation undertaken with a view to a law enforcement proceeding.

Pursuant to section 21 of FIPPA (i.e., personal privacy), protected personal information is not included in this document. This information may include, but is not limited to, the following:

• subject officer name(s)
• witness officer name(s)
• civilian witness name(s)
• 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 (“PHIPA”)

Pursuant to PHIPA, any information related to the personal health of identifiable individuals is not included.

Other proceedings, processes, and investigations

Information may have also 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.

The Unit’s investigative jurisdiction is limited to those incidents where there is a serious injury (including sexual assault allegations) or death in cases involving the police.

“Serious injuries” shall include those that are likely to interfere with the health or comfort of the victim and are more than merely transient or trifling in nature and will include serious injury resulting from sexual assault. “Serious Injury” shall initially be presumed when the victim is admitted to hospital, suffers a fracture to a limb, rib or vertebrae or to the skull, suffers burns to a major portion of the body or loses any portion of the body or suffers loss of vision or hearing, or alleges sexual assault. Where a prolonged delay is likely before the seriousness of the injury can be assessed, the Unit should be notified so that it can monitor the situation and decide on the extent of its involvement.

This report relates to the SIU’s investigation into the death of a 40-year-old male who died in the area of Fourth Line West in Sault Ste. Marie at approximately 12:00 p.m. on May 29, 2016 while interacting with a Sault Ste. Marie Police Service (SSMPS) officer.

Notification of the SIU

On May 29, 2016, at 12:25 p.m., SSMPS notified the SIU that at 11:56 a.m. that day, SSMPS received complaints of a vehicle driving erratically. At 12:00 p.m., the Subject Officer (SO) located the vehicle (now known to be driven by the Complainant) in the area of Fourth Line West, at which time the SO turned around in an effort to stop the driver. The Complainant immediately pulled into a driveway on Fourth Line West and shot himself.

The Team

Number of SIU Investigators assigned: 2

Number of SIU Forensic Investigators assigned: 1

SIU Forensic Investigators responded to the scene and identified and preserved evidence. They documented the relevant scenes associated with the incident by way of notes and photography. The Forensic Investigators attended and recorded the post-mortem examination and assisted in making submissions to the Centre of Forensic Sciences.

Complainant:

40-year-old male, deceased.

Civilian Witnesses

CW #1 Interviewed

CW #2 Interviewed

CW #3 Interviewed

CW #4 Interviewed

CW #5 Interviewed

Witness Officers

WO #1 Interviewed

WO #2 Interviewed

WO #3 Interviewed

WO #4 Interviewed

WO #5 Not interviewed, but notes received and reviewedWO #5’s notes were reviewed and showed that he arrived at the scene after the incident. WO #5 was assigned to drive CW #2 home.

WO #6 Not interviewed, but notes received and reviewedWO #6’s notes were reviewed and showed that he did not attend the scene. WO #6 attended the police station and he was given updates.

Additionally, the notes and will-states from 2 other non-designated officers were received and reviewed.

Subject Officers

SO Interviewed, and notes received and reviewed

Evidence

The Scene

The Complainant pulled into the driveway of CW #1’s residence, which was located on Fourth Line West. The driveway was a combination of gravel and grass and there was a slight decline towards the front of the residence. To the east of the driveway was a large yard and to the west, there was a smaller area of grass and some trees.

The SO’s marked police cruiser was parked facing towards the residence and it was located at the top of the driveway, perpendicular to Fourth Line West. The SO’s cruiser was 24.3 metres away from the Complainant’s truck and the front of the cruiser faced south and towards the residence.

The Complainant was driving a blue pickup truck. The front of the truck faced south and towards the residence. The front driver’s side door was open. The Complainant’s body was located in a supine position in a northwest to southwest position by the rear tire of the driver side. His head and torso were underneath the rear box of the truck while both of his legs were extended out.

A brown coloured .270 caliber Remington rifle was located near the left side of the Complainant’s body and the barrel of it was pointing in a northeast direction. An expended case from inside the rifle and an unused cartridge on the floor of the driver’s side of the truck were located by SSMPS. There was also an opened and empty Fentanyl package found on the interior side of the driver’s door.

Physical Evidence

SIU FI Examination and Firearm Inquiry Summary:

• The .270 caliber Remington rifle that was found near the Complainant was provided to SIU investigators along with one cartridge case and one cartridge. The serial number of the firearm was determined,
• The serial number from the rifle was provided to the Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) in the United States of America (USA). Records from the ATF showed that the rifle was purchased in Sault Ste. Marie, Michigan, USA in 1979, and
• A cell phone was also found in the Complainant’s truck. CW #2 provided investigators with three different possible passwords for the cell phone, but there was no success in unlocking the cell phone.

Expert Evidence

Post-Mortem Report:

On May 31, 2016 at 9:30 a.m., a post-mortem examination of the Complainant was performed by a pathologist in Sault Ste. Marie. An internal examination of the Complainant’s head determined that the Complainant died of a gunshot wound to his head and brain.

Video/Audio/Photographic Evidence

The SIU canvassed the area for any video or audio recordings, and photographic evidence, but was not able to locate any.

Communications Recordings

• According to the communications recordings, on May 29, 2016, at 11:56 a.m., an unknown woman called 911 and reported that there was a blue pickup truck that was driving northbound on Black Road towards Third Line. The Complainant was “driving people off the road” and he had almost collided with oncoming traffic because he was passing vehicles ahead of him. The woman eventually lost sight of the Complainant and believed that he turned onto Third Line,
• At 11:56 a.m., a second 911 caller, an unknown man, reported details about the Complainant’s driving in a similar fashion to that of the first caller. The man said that he saw the Complainant, who was wearing a grey coloured “hoodie”, driving westbound on Third Line and towards Great Northern Road,
• At 11:58 a.m., the SO reported over the radio that he saw a blue truck that did not stop at the stop sign located at the intersection of Peoples Road and Fourth Line West. The Complainant made a quick left turn onto Fourth Line from Peoples Road, which caused the back of his truck to fishtail. The SO watched the Complainant drive westbound on Fourth Line West and he said that he was trying to catch up to the Complainant’s truck. The SO also said “He’s moving”,
• Approximately three seconds later, an unknown police officer asked the SO where the Complainant was, and the SO said that the Complainant was by a golf course just east of Moss Road,
• Approximately 16 seconds later, the SO announced that the Complainant was possibly at Goulais Avenue. Seconds later, the SO said that the Complainant had signaled his truck to turn left and that the Complainant had turned left onto a driveway,
• Approximately three seconds later, WO #4 announced that he was driving on Fourth Line West from Peoples Road, and
• At approximately 12:00 p.m., the SO said something to the effect of, “It’s really hard to… standby here.” The SO said that the Complainant was located on the east side of Goulais Avenue, on the south side of the driveway at a Fourth Line West residence. The SO also said that he did not know what the Complainant was doing. Approximately six seconds later, the SO announced that the Complainant had a shotgun. At this time, a faint bang sound could be heard in the background. Two seconds later, the SO announced that the Complainant “blew his head off” and he also requested Emergency Medical Service (EMS). At 12:01 p.m., WO #4 announced that he had arrived.

Materials obtained from Police Service

Upon request the SIU obtained and reviewed the following materials and documents from SSMPS:

• background event chronology,
• crime scene continuity register,
• duty roster,
• firearm acquired – Canadian Firearms Program (CFP),
• general occurrence report,
• notes from WO #1, WO #2, WO #3, WO #4, WO #5, and WO #6,
• notes from two non-designated officers (one forensic police officer and one other police officer),
• police check of complainant,
• policy - suspect apprehension and pursuits,
• preliminary police report,
• SIU incident report checklist,
• sudden death report,
• willstate from WO #2, WO #3, WO #4, WO #5, and WO #6,
• willstate from forensic police officer,
• witness list (persons details),
• witness statement of CW #2 and CW #3, and
• witness statement from two emergency medical technicians.

On May 28, 2016, SSMPS officers were dispatched in response to multiple 911 calls regarding a pickup truck, driven by the Complainant, driving erratically in the area of Third Line and Black Road in Sault Ste. Marie. Earlier that day, the Complainant called CW #2 multiple times to advise he was driving into town with a loaded gun and was coming for her.

At 11:58 a.m., the SO observed the Complainant’s truck driving at a high rate of speed northbound on Peoples Road. The Complainant failed to stop at a stop sign and proceeded to make a sharp left turn onto Fourth Line West. The SO followed the Complainant in his marked cruiser.

The Complainant turned into the driveway of a residence on Fourth Line West followed by the SO. The Complainant reversed and almost collided with the SO’s cruiser. The SO subsequently activated his emergency lights. The Complainant got out of his truck holding a shotgun and proceeded to shoot himself. WO #4 and WO #2 arrived on scene shortly thereafter.

A brown coloured .270 caliber Remington rifle was located near the left side of the Complainant’s body. An empty package of Fentanyl was also found inside the truck. On May 31, 2016, a post-mortem examination was conducted and determined the Complainant’s cause of death to be a gunshot wound to the head and brain.

In my view, there are no reasonable grounds to believe that the SO committed a criminal offence in relation to the death of the Complainant in Sault Ste. Marie.

On May 28, 2016, the Complainant called CW #2 multiple times stating he would be thankful if he woke up in the morning as he had taken a handful of pills. The following morning, the Complainant called CW #2 again claiming he had a loaded gun and was ready to put it in his mouth to kill himself. At about 11:30 a.m., the Complainant called her for the last time, stating he was 30 seconds out of town and was speedily driving into town with a loaded gun in his lap. The Complainant advised that she should be ready as he was coming for her.

Around 12:00 p.m., officers from the SSMPS were dispatched in response to multiple 911 calls about a blue pickup truck that was driving erratically in the Third Line and Black Road area. Shortly thereafter, the SO noticed the Complainant’s truck driving at a high rate of speed northbound on Peoples Road. The Complainant did not stop at a stop sign and made a sharp left turn onto Fourth Line West, which caused the back of his truck to fishtail. The SO followed the Complainant in his marked cruiser, as the Complainant continued driving quickly westbound on Fourth Line West.

The Complainant turned into the driveway of a residence on Fourth Line West. As the SO pulled into the driveway behind the pickup truck, the Complainant reversed backwards and almost collided with the SO’s cruiser. The SO activated his emergency lights. The Complainant looked out his driver’s side window and immediately drove forward again towards the house, parking about halfway down the driveway. The SO stopped his cruiser at the start of the driveway, about 50 metres away from the pickup truck. The SO saw the Complainant reach down towards the passenger side floor of his truck. As the SO got out of his cruiser and positioned himself behind the trunk of his cruiser for cover if needed, he saw the Complainant sit upright. Suddenly, the Complainant got out of his truck holding a shotgun with the barrel pointing upwards. In a frantic voice, the SO broadcasted on the radio that the Complainant had a shotgun, and a second later that the Complainant had blown his own head off. The events unfolded so quickly that the SO did not attempt to withdraw his firearm. There were no other known witnesses or video/audio recordings of the incident. Within a minute of the gunshot, WO #4 was the second officer to arrive on scene, followed shortly by WO #2.

On May 31, 2016, a post-mortem examination was conducted. The cause of death was determined to be a gunshot wound to the head and brain.

It is clearly apparent from the evidence of this investigation that the SO bears no criminal responsibility for the death of the Complainant. The SO was acting pursuant to his lawful duty as a police officer when he responded to multiple 911 calls about a pickup truck driving in a highly dangerous manner. After locating the pickup truck driven by the Complainant, the SO followed it to the driveway of a house where the pickup truck stopped. Based on his erratic behaviour, the SO feared that the Complainant may be reaching for a weapon when he leaned to the side in his car. The SO barely had time to seek cover at the rear of his cruiser, before he saw the Complainant standing outside his pickup truck with a shotgun. The communication recording confirmed that there were only seconds between the SO’s radio broadcast that the Complainant was armed, until he exclaimed that the Complainant had shot himself. It is without a doubt that the Complainant was the author of his own demise when he put the shotgun to his head and pulled the trigger. Aside from being in the vicinity at the time, there is no evidence that the SO had any interaction with the Complainant or any opportunity to attempt to diffuse the deadly encounter as it unfolded so rapidly. For the preceding reasons, I do not have reasonable ground to believe a criminal offence has been committed by the SO. Accordingly, this case will be closed and no charges will issue.

Date: September 5, 2017

Original signed by
Tony Loparco
Director
Special Investigations Unit