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 56-year-old man who shot himself in the presence of two Toronto Police Service (TPS) officers on February 9, 2016.

Notification of the SIU

The SIU was notified of the incident by TPS on February 9, 2016 at 8:42 a.m. TPS advised that at 5:57 a.m., it received a 911 call from a man who said he was about to kill himself and that he wanted police officers to attend the area and retrieve the firearm he intended to use as he didn’t want anyone else to get hurt. Police officers were dispatched to the area indicated and when the officers were about 7 metres from the man, he shot himself. At 6:45 a.m., the man was pronounced dead at hospital.

The Team

Number of SIU Investigators assigned: 4

Number of SIU Forensic Investigators assigned: 2

SIU Forensic Investigators responded to the scene and identified and preserved evidence. They documented the scene by way of notes, photography, sketches, and measurements. A Forensic Investigator attended and recorded the post-mortem examination.

Complainant:

56-year-old male, deceased, medical records obtained and reviewed

Civilian Witnesses

CW #1 Interviewed

CW #2 Interviewed

CW #3 Interviewed

Witness Officers

WO #1 Interviewed

WO #2 Interviewed

WO #3 Interviewed

Subject Officers

SO Interviewed, notes received and reviewed

The Scene

The incident occurred on the south side of a driveway leading into Bathurst Lawn Memorial Park (a cemetery), which is situated on Chelmsford Avenue south of Pleasant Avenue in Toronto.

The driveway is gated and locked. A fence runs along the east side of the cemetery. A milk crate was located on the boulevard and south of the driveway to the cemetery, in front of the fence. There were two areas of blood staining to the south with medical debris scattered in the area.

Physical Evidence

SIU forensic investigators collected from the scene:

• a Glock 17, 9mm Luger firearm. The firearm contained one live cartridge and a magazine. The firearm was registered to the Complainant,
• a Firearms Possession and Acquisition Certificate belonging to the Complainant, and
• a note containing contact information for family members of the Complainant.

Video/Audio/Photographic Evidence

The SIU canvassed the area for any video or audio recordings and any photographic evidence. Investigators were not able to locate any such evidence.

Communications Recordings

The SIU collected audio recordings of police communications and Emergency Medical Services (EMS) communications as well as a 911 call from the Complainant.

Materials obtained from Police Service

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

• 911 call summary,
• firearm acquisition document from the Canadian Firearms Program,
• occurrence report,
• intergraph computer assisted dispatch – event details report,
• notes of WO #1, WO #2 and WO #3,
• parade sheet report, and
• TPS procedure for emotionally disturbed persons (with Appendix A and B).

At 5:55 a.m. on February 9, 2016, TPS received a 911 call from the Complainant. The 56-year-old man stated that he was going to shoot himself. He also told the 911 operator that he wanted police officers to come to the entrance of the Bathurst Lawn Memorial Park cemetery in order to retrieve his firearm.

At 6:00 a.m., the SO and WO #3 were dispatched to the area.

WO #3 was driving the police vehicle southbound on Chelmsford Avenue with the left and right floodlights activated, passing the cemetery that was on the west side of the street. At this time, the SO and WO #3 observed the Complainant waving his hands in the air before he walked to the fence of the cemetery and sat down on a crate.

WO #3 stopped the police cruiser between three and seven metres north of the Complainant. As WO #3 turned off the ignition and she and the SO prepared to get out of the cruiser, the Complainant shot himself.

The SO radioed for an ambulance while WO #3 performed cardiopulmonary resuscitation (CPR) until Toronto Fire Department personnel and paramedics arrived.

The Complainant was taken to hospital where he was pronounced dead. The post-mortem examination determined the cause of death as an intraoral (situated, occurring, or performed within the mouth) gunshot wound.

The cause of the Complainant’s death is not in dispute. Tragically, the Complainant was intent on taking his own life as he was experiencing continuing and persistent deteriorating physical health. On February 9, 2016 at approximately 6:11 a.m., the Complainant sustained a self-inflicted gunshot wound to the head by placing the barrel of his Glock 17, 9 mm Luger firearm in his mouth and pulling the trigger. The resulting injuries were catastrophic and fatal. The Complainant was transported by ambulance to hospital, arriving at 6:42 a.m., and at 6:45 a.m. he was pronounced dead. Upon arrival, the Complainant’s vital signs were absent and the attending doctor was informed by emergency service personnel that he had been without vital signs for approximately 30 minutes.

On February 10, 2016, pursuant to a Coroner’s Warrant, a post-mortem examination was performed. The July 12, 2016, Report of Coroner concluded that the cause of death was an intraoral gunshot wound that perforated the back of the Complainant’s head

The Complainant had a recent history of health issues. On February 8, 2016, the Complainant returned home from hospital.

The next morning, at 5:55 a.m., the Complainant contacted a 911 operator. In a brief conversation, the Complainant stated that within minutes he was going to shoot himself; that he did not want the dispatcher to talk to him about his decision as it was final; he gave his first name and that he wanted the police to attend at the entrance to the Bathurst Lawn Memorial Park cemetery to retrieve his firearm.

At 6:00 a.m., the SO and WO #3 received a police radio dispatch that provided them with all the information received by the 911 Dispatcher. Paramedics were also advised of the identical information from the 911 Dispatcher.

As WO #3 drove southbound on Chelmsford Avenue passing a cemetery on the west side of the street with the left and right floodlights activated, WO #3 observed the Complainant standing in front of the cruiser waving his hands in the air. WO #3 then watched the Complainant walk to the fence of the cemetery and sit down on a crate. WO #3 stopped the police cruiser between three and seven metres north of the Complainant; however, from that distance she could not see the Complainant clearly. At 6:11 a.m., WO #3 was reaching for the key to turn off the ignition when the officer heard a “soft pop” which sounded like a gunshot. WO #3 informed the SO that the Complainant had shot himself; that he was slumped over; and that he was incapacitated. WO #3 grabbed the black semi-automatic handgun from the right hand of the Complainant and tossed the gun behind her to the SO.

At 6:13 a.m., the SO placed a radio call to the Police Dispatcher requesting a rush on an ambulance and indicated that the firearm had been recovered. WO #3 could not detect the Complainant’s pulse; however, WO #3 continued to perform CPR until Toronto Fire Department personnel and paramedics arrived on scene at 6:14 a.m. A back-up paramedic unit was requested and a cardiac monitor was attached, which revealed that the Complainant still had a heart rhythm. Defibrillation pads were attached to the Complainant. The Complainant was placed in the ambulance at 6:17 a.m. The SO was in the ambulance with two firefighters, two paramedics, and a paramedic supervisor. The ambulance arrived at the hospital at 6:42 a.m., and at 6:45 a.m., the Complainant was pronounced dead.

On the totality of the evidence I find no basis to impugn the actions of either the SO or any of the attending emergency personnel. The SO did absolutely nothing, by either act or omission, to causally contribute to the death of the Complainant. I note that there was no breach or contravention of the Toronto Police Service Procedure - Emotionally Disturbed Persons policy. It is my considered conclusion that that there are no reasonable grounds to conclude that any criminal offence has been committed. On my review of the evidential record, I have concluded that the final tragic suicide of the Complainant was quickly carried out and there was nothing the police could do in the very short time that he was observed by them. Tragically, the Complainant was the author of his own demise. Thus, no charges will issue.

Date: September 5, 2017

Original signed by
Tony Loparco
Director
Special Investigations Unit