Director's Report Details

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.

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 Personal 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.

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

• 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.

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 57-year-old man (the “Complainant”).

Notification of the SIU[1]

On September 6, 2024, at 10:59 a.m., Windsor Police Service (WPS) contacted the SIU with the following information.

On September 6, 2024, at 10:30 a.m., an employee of Food Basics at 880 Goyeau Street called 911 to report a fight between two customers involving weapons. Police officers arrived and the incident moved to The Beer Store, located at 790 Goyeau Street, across from the Food Basics store. An unknown individual [subsequently identified as the Complainant] was shot by a WPS officer.

The Team

Date and time team dispatched: 2024/09/06 at 11:23 a.m.

Date and time SIU arrived on scene: 2024/09/06 at 4:00 p.m.

Number of SIU Investigators assigned: 5

Number of SIU Forensic Investigators assigned: 3

Affected Person (aka “Complainant”):

57-year-old male;

deceased

Civilian Witnesses (CW)

CW #1 Interviewed

CW #2 Interviewed

CW #3 Interviewed

CW #4 Interviewed

CW #5 Interviewed

CW #6 Interviewed

CW #7 Interviewed

CW #8 Interviewed

CW #9 Interviewed

CW #10 Interviewed

CW #11 Interviewed

CW #12 Interviewed

CW #13 Interviewed

CW #14 Interviewed

CW #15 Interviewed

CW #16 Interviewed

CW #17 Interviewed

CW #18 Interviewed

CW #19 Interviewed

CW #20 Interviewed

CW #21 Interviewed

The civilian witnesses were interviewed between September 6, 2024, and September 25, 2024.

Subject Officials (SO)

SO #1 Interviewed, but declined to submit notes, as is the subject official’s legal right

SO #2 Declined interview and to provide notes, as is the subject official’s legal right

The subject official was interviewed on October 30, 2024.

Witness Officials (WO)

WO #1 Interviewed; notes received and reviewed

WO #2 Interviewed; notes received and reviewed

WO #3 Interviewed; notes received and reviewed

WO #4 Interviewed; notes received and reviewed

WO #5 Interviewed; notes received and reviewed

WO #6 Interviewed; notes received and reviewed

WO #7 Interviewed; notes received and reviewed

WO #8 Interviewed; notes received and reviewed

The witness officials were interviewed between September 11, 2025, and September 26, 2025.

Investigative Delay

The Report of Postmortem Examination was received by the SIU from the Coroner’s Office on March 31, 2025.

Delay was also incurred as a result of workload pressures in the Director’s Office.

The Scene

The events in question transpired in and around The Beer Store, 790 Goyeau Street, Windsor.

Scene Drawings

Physical Evidence

SIU forensic investigators attended the scene September 6, 2024, at 5:07 p.m.

There were two areas of interaction at the scene: the paved area leading to the front entrance of The Beer Store and the interior of The Beer Store. The Beer Store was cleared of all customers and staff. The exterior of the store was protected by WPS officers, who had placed police banner tape around the scene. The officers were also stationed to stop pedestrian and vehicle traffic. The scene was examined, photographed, and canvassed.

The following items were collected by SIU forensic investigators.

Outside The Beer Store

1. Blue folding knife made by Falcon and equipped with a belt clip. The knife had an overall length of 20 cm, with an 8.5 cm blade. It was found in the open position and was bloodstained on the handle and blade

2. 9 mm cartridge case

3. 9 mm cartridge case

4. 9 mm cartridge case

5. Conducted Energy Weapon (CEW) debris consisting of two projectiles

6. Black baseball hat

7. Swab of blood pool in grass

Inside The Beer Store

8. CEW debris consisting of a barbed probe and spacer

9. CEW debris consisting of a probe and wire

10.CEW debris consisting of two spacers

11.CEW debris consisting of a probe

12.Live 9 mm cartridge

13.9 mm cartridge case

14.Glock magazine with 15 9 mm live cartridges, and one 9 mm full metal jacket cartridge. The magazine contained 16 live cartridges and, if combined with exhibit #12, would constitute a full magazine - 17 cartridges

15.Projectile fragments, copper and lead pieces

16.Swab of blood trail

17.Serrated knife blade. This was a typical kitchen-style knife blade at 15 cm long. The wooden handle was broken away. It was laying next to a metal rod with the remainder of the handle stuck in one end of the rod. The blade was bloodstained

18.Black steel rod with another steel piece welded at 90-degrees at the midpoint and 57.7 cm in length. The 90-degree piece measured 14.5 cm. The item appeared to be a straight handlebar with the stem that would attach to the front forks of a bicycle. The longer piece of steel had two impacts from projectiles. A projectile was stuck in one of the impacts and the other projectile strike appeared to be a ricochet

19.Projectile lodged in the south wall. The path of the projectile was southeast and pierced several beer cans before lodging into the wall

20.9 mm cartridge case located on the top shelf along the west wall

21.Projectile lodged in the south wall near the exit doors of the walk-through cooler. The path of the projectile was southwest. This projectile also pierced some beer cans before lodging into the wall

22.9 mm cartridge case located on the top shelf along the west wall

23.9 mm cartridge case located on the top shelf in the southwest corner

Officer Equipment – SO #1

24.Glock 45

25.9 mm live cartridge from breech of item #24

26.Magazine with 13 9 mm live cartridges from item #24. Assuming the officer reloaded a full 17 live cartridges from his spare magazine, there were three cartridges missing

Officer Equipment – SO #2

27.Glock 45

28.9 mm live cartridge from breech of item #27

29.Magazine with 13 9 mm live cartridges from item #27. Assuming a fully loaded magazine and a top-up cartridge in the breech, there were four cartridges missing

30.Two CEW deployed cartridges

From the Complainant

31.Running shoes

32.Socks

33.Sweat-shorts

34.Underwear

From Autopsy

35.Right fingernail clippings

36.Left fingernail clippings

37.Blood swab for DNA reference

38.Pulled head hair

39.Projectile fragment from left wrist

40.Projectile fragment from right hand

41.Projectile fragment from right antecubital fossa

42.Projectile fragment from right elbow skin

43.Projectile fragment from right upper arm

Forensic Evidence

Centre of Forensic Sciences (CFS) Toxicology Report

The CFS Toxicology Report, dated December 11, 2024, indicated that methamphetamine and amphetamine were detected in the Complainant’s system, as were tetrahydrocannabinol and its metabolites.

CEW Deployment Data – SO #2

At 10:32:14 a.m.,[2] the trigger was pulled and Bay 1 deployed. Electricity was discharged for 1.533 seconds. At 10:32:16 a.m., the trigger was pulled again, and Bay 2 was deployed. Electricity was discharged for 5.069 seconds.

At 10:32:21 a.m., the right arc button was pressed, but it did not appear that there was any electricity discharged.

At 10:32:25 a.m., the right arc button was pressed again, and electricity was discharged for 3.597 seconds.

Video/Audio/Photographic Evidence[3]

Video Footage - Apartment Building

The outside, south camera captured a long stick, with a blade of about 10-16 cm in length attached, dropping onto a patch of grass from the upper floor of the building.

The Complainant then jumped down from the upper floor and landed on the patch of grass. He quickly searched around and retrieved the long stick with a blade attached, and another object, which appeared like a small kitchen knife, before running away and disappearing. He had no shirt and wore a baseball cap with his hair tied in a ponytail. He wore dark-coloured baggy shorts and black running shoes.

The Complainant was subsequently captured running on the sidewalk and across Ouellette Avenue towards a group of about five individuals under a tree by the side of the road. The Complainant held the long stick with attached blade in his left hand, and the small kitchen knife in his right hand.

The Complainant approached the group, and one of the individuals, a woman, ran across the road towards a shelter building. The Complainant pointed the kitchen knife at the group. He then ran down the street in an easterly direction and disappeared from camera.

Video Footage - Food Basics

The Complainant walked from the west side of Food Basics closest to Goyeau Street and entered the store through the entrance. He had a knife in his right hand and a pole with a knife attached to the end in his left hand.

CW #5 approached the Complainant and pointed towards the exit. The Complainant turned around and walked away from the exit. He paced briefly before turning and leaving the store. CW #5 followed the Complainant out of the store. The Complainant ran through the middle of the Food Basics parking lot towards The Beer Store.

Video Footage – The Beer Store – Exterior Camera above Front Doors

Starting at about 10:32:05 a.m., September 6, 2024, the Complainant, shirtless, wearing shorts, a black baseball hat and black running shoes, was observed running north across Elliott Street and up to the front doors of The Beer Store. He carried a long black pipe [known to have been a set of bicycle handlebars with a knife attached at one end] in his left hand and something in his right hand. At about the same time, a marked WPS SUV pulled up in front of the store with its emergency lights activated.

Starting at about 10:32:09 a.m., the Complainant banged into the closed sliding doors, after which they opened, and he entered the store.

Starting at about 10:32:10 a.m., a male uniformed WPS officer [SO #1] exited the driver’s door of the cruiser, while a female uniformed officer [SO #2] exited from the passenger side. Both officers moved towards the front door with SO #1 drawing his firearm. SO #2 drew a CEW. Both officers carried the weapons with extended arms as they approached and entered the front door.

Video Footage – The Beer Store – InteriorCamera in Front Vestibule

Starting at about 10:32:09 a.m., the Complainant entered the vestibule, stopped and turned back. He carried the handlebars in his left hand and an item in his right hand.

Starting at about 10:32:11 a.m., SO #1 entered the vestibule with his pistol drawn and pointed towards the Complainant. “POLICE” could be seen in large white letters on his back, and a WPS flash on his right shoulder. As SO #1 entered the lobby, the Complainant turned towards him, extending both arms out to his side and in front of him with the objects he was holding facing SO #1.

Starting at about 10:33:03 a.m., the Complainant left the store through the front door followed by SO #1, who was seen to turn his pistol sideways and look at the magazine. Finding it empty, the officer reached for a new ammunition magazine on his vest.

Video Footage – The Beer Store – Front Lobby Looking West at Cash Area

Starting at about 10:32:11 a.m., the Complainant entered the store, a shiny metallic item [a knife] in his right hand and a long black item in his left.

Starting at about 10:32:16 a.m., SO #1 had his right index finger off the trigger, with the pistol pointed at the Complainant. SO #2 had the yellow CEW pointed at the Complainant. The officers were three to four metres away from the Complainant, who was facing them while standing in the cooler doorway.

Starting at about 10:32:20 a.m., SO #1 reached for his radio microphone as the Complainant had the larger item he was holding raised towards him.

Starting at about 10:32:21 a.m., SO #2 fired her CEW at the Complainant. The Complainant moved backward into the cooler. SO #1 and SO #2 moved forward before backing up just as they entered the cooler.

Starting at about 10:32:49 a.m., the Complainant walked east towards the cooler exit doors, hands lowered, and then suddenly turned right and moved back the way he came. SO #1 was observed coming around the end of the last row of shelving and looking towards the Complainant. The Complainant turned back towards SO #1 with an item raised, and SO #1 retreated the way he came.

Starting at about 10:32:57 a.m., the Complainant exited the cooler and ran towards the front door leaving a trail of blood from his left wrist and carrying an item in his right hand. SO #1 followed, communicating on his police radio. The Complainant, now walking, exited the front door of the store followed by SO #1 as SO #2 exited the cooler and followed. SO #2 had her service pistol in her hands.

Video Footage – The Beer Store – Interior of Cooler Looking North Along East Aisle

Starting at about 10:32:16 a.m., the cooler door opened, and the Complainant backed into the room. He stopped and took two steps back out of the cooler. A fluorescent green light [targeting laser from the CEW] was on his chest.

Starting at about 10:32:21 a.m., the Complainant was struck by a CEW probe. He spun to his right and fell to the ground on his left side into a beer display, dropping the large black object that had been held in his left hand.

Starting at about 10:32:26 a.m., SO #1 entered the cooler. His pistol was in his right hand and his left hand was at his police radio microphone on his left shoulder. SO #2 was to SO #1’s left and had the CEW pointed towards the Complainant. The Complainant was on his back with an object, a knife, raised in his right hand. He reached to recover the larger object with his left hand and rose to his feet looking towards the officers.

Starting at about 10:32:27 a.m., as the Complainant rose, SO #2’s CEW was activated, and the targeting dots could be seen on the Complainant’s body. The Complainant raised the objects he was holding in the officers’ direction, and SO #2 fired her CEW a second time. The discharge did not incapacitate the Complainant.

Starting at about 10:32:34 a.m., the Complainant waved his objects at the officers, turned, and ran north down the east aisle of the beer cooler followed by SO #1. SO #2 returned her CEW to its holster. At the end of the aisle, the Complainant turned west along the north aisle of the cooler.

Video Footage – The Beer Store – Interior of Cooler Looking North Along West Aisle of Cooler

Starting at about 10:32:40 a.m., the Complainant turned south in the west aisle followed by SO #1, who had his pistol drawn.

Starting at about 10:32:41 a.m., the Complainant passed by a shopping cart. SO #1 took hold of the cart and drove it into the Complainant causing him to stumble and knock over the cart. As the Complainant regained his balance, he raised the object in his left hand and looked directly at SO #1, who stopped two-and-a-half to three metres from the Complainant. On the ground between the two was a black ammunition magazine that had dropped from SO #1’s pistol when he grabbed the handle of the cart. SO #2 turned south into the west aisle.

Starting at about 10:32:45 a.m., the Complainant continued south and then turned and waved the object in his left hand at SO #1 before turning east in the south aisle. SO #1 followed the Complainant but turned east in another aisle (aisle #2) and moved parallel to the Complainant. SO #2 moved south in the west aisle.

Starting at about 10:32:49 a.m., SO #1 was at the east end of aisle #2 and the Complainant was at the east end of aisle #1. SO #2 was at the west end of aisle #2. The Complainant turned and started back west in aisle #1.

Starting at about 10:32:53 a.m., the Complainant started to turn north into the west aisle as SO #2 approached the corner from the north. The Complainant had the large object in both hands in front of him as he turned the corner. SO #1’s ammunition magazine was observed on the ground at the corner.

Starting at about 10:32:54 a.m., there was a confrontation between SO #2 and the Complainant. Droplets of the Complainant’s blood were seen on the floor in front of the Complainant and then a trail formed behind him as he fled east along the south aisle.

Starting at about 10:32:55 a.m., as the Complainant moved east, SO #1’s feet were observed facing west towards the Complainant. The Complainant then raised the object in his left hand towards SO #1 before dropping it and continuing east. SO #1 backed north at the end of aisle #1 as SO #2 slowly made her way to the end of aisle #2 and appeared to communicate with SO #1, after which she moved to the west end of aisle #1 and then east while appearing to communicate on her radio.

Video Footage – The Beer Store – Interior of Cooler Looking East Along South Aisle of Cooler

Starting at about 10:32:50 a.m., the Complainant was observed approaching the exit door to the beer cooler at the east end of the south aisle. SO #1 was at the east end of the next aisle to the north, aisle #2. The Complainant raised his large object in SO #1’s direction and then appeared to flinch and turn and go back the way he came.

Starting at about 10:32:53 a.m., SO #1 was seen turning into the south aisle facing west and tapping the bottom of the magazine of his pistol with his left hand, then racking the slide of the weapon before bringing the gun back to bear on the Complainant, who began to move east after confronting SO #2. SO #1 then backed to the north and the Complainant exited the cooler having dropped the large object.

Starting at about 10:32:59 a.m., the Complainant exited the cooler and moved towards the front door and exits, followed by SO #1 with his pistol raised. SO #2 was at the west end of the south aisle and moved east towards the cooler exit.

Video Footage – The Beer Store – Interior of Cooler Looking East from West Side of Cooler Opposite Aisle #2

Starting at about 10:32:42 a.m., SO #1 grabbed onto the push bar of a shopping cart and pushed it into the Complainant, knocking him off balance. The ammunition magazine from SO #1’s pistol fell out of the weapon as SO #1 was pushing the cart.

Starting at about 10:32:53 a.m., a confrontation occurred between SO #2 and the Complainant at the southwest corner of the cooler. The Complainant ran east, leaving a trail of blood on the floor.

Video Footage – The Beer Store – Interior of Cooler Looking Northwest from Exit to the Beer Cooler

Starting at about 10:32:49 a.m., the Complainant walked east in the south aisle towards the cooler exit. SO #1 was at the east end of aisle #2 and SO #2 was at the west end. The Complainant raised the large object towards SO #1, who was stationary. The muzzle of SO #1’s weapon rose. The Complainant then turned to his right and blood droplets began to appear on the ground and trail behind the Complainant on his left side as he moved back to the west. SO #1 followed the Complainant, who moved west to the end of the south aisle. The Complainant looked north, where SO #2 was known to be, and then travelled east and out of the cooler.

Video Footage – The Beer Store – Exterior Camera on Southwest Corner Looking East

Starting at about 10:32:07 a.m., the Complainant ran towards the front doors of The Beer Store followed by SO #1 and SO #2.

Starting at about 10:33:10 a.m., the Complainant walked south towards Elliott Street followed by SO #1, who side-stepped to the south, down the walkway, while facing west. SO #1 struck the bottom of his pistol, being held in his right hand, with the palm of his left hand.

Starting at about 10:33:15 a.m., a marked WPS SUV cruiser arrived on Elliott Street and stopped just east of the store walkway. SO #1 took large steps forward and to the west, and dozens of birds that had been sitting in the bush just west of the store doors suddenly took flight.

Video Footage - City of Windsor - Traffic Camera

On September 6, 2024, at 10:30 a.m., the Complainant was seen coming out of the Food Basics store. He ran northbound across the Food Basics store parking lot towards The Beer Store. As he began to cross Elliot Street East towards The Beer Store, a marked WRPS cruiser with its emergency lights activated appeared and drove westbound towards him. The Complainant crossed the street in front of the cruiser and ran into The Beer Store. The cruiser stopped in front of the store, and two officers [SO #1 and SO #2] exited, drew their weapons, and ran after the Complainant into The Beer Store.

An unknown man walking eastbound on the northside sidewalk on Elliott Street East in front of The Beer Store saw them and stopped. Shortly after, the man crossed to the south side sidewalk and began to watch what was happening.

Starting at about 10:33 a.m., the Complainant walked out from The Beer Store towards the road. SO #1 followed with his gun drawn and aimed at the Complainant, who continued to walk away. SO #2 followed SO #1. The Complainant stopped with his hands down on his sides about two to three metres away on the sidewalk. He turned around facing eastward towards SO #1 and appeared to speak. The Complainant took a couple of steps backward, swung his right arm outward to the side and then, suddenly, flipped around and clutched his torso. He fell on his right side on the grass by the sidewalk. SO #1 holstered his gun and SO #2 continued to point her firearm at the Complainant as he rolled on the grass. At about this time, WO #7 arrived. The officer exited his cruiser and ran towards the others. The Complainant rolled onto his back and SO #1 pushed on his stomach and pressed him to the ground. WO #7 joined him, and they held the Complainant down to control or handcuff him. WO #7 continued to hold the Complainant to the ground and, at 10:34 a.m., rolled the Complainant over on his back and began CPR.

Starting at about 10:38 a.m., EMS arrived. The paramedics took over and continued CPR. The paramedics carried the Complainant onto a stretcher and continued to provide first-aid.

Police Communications Recordings

On September 6, 2024, at 10:30 a.m., an unknown man called 911 and requested that police and ambulance attend the “Mission” area for a man with two knives. He wore track pants, running shoes and had no shirt on. The Complainant was reported to have stabbed someone after a fight and run to the Food Basics. People were reportedly chasing him.

The 911 caller handed the phone to a woman, who told the dispatcher she was from the Downtown Mission. She stated that a woman had run to the Downtown Mission and reported that they needed an ambulance for a man, who had been stabbed.

At three minutes and 54 seconds into the recording, she reported gunshots being fired.

**********

At 10:31 a.m., the manager of Food Basics called 911 and requested that police immediately attend the store for a man [the Complainant] who had two knives in his hands. The Complainant was reported to be at the cash register in front of the store. He reported that the Complainant was not making sense. A voice believed to be that of the Complainant could be heard yelling in the background, but what he said was indiscernible.

At 40 seconds into the recording, the manager reported the Complainant had exited the store and run in the direction of The Beer Store.

**********

On September 6, 2024, at 10:30 a.m., a WPS dispatcher broadcast that a male with a knife was fighting another male. One person might have been cut. The male with the knife was in the area of the Mission and heading towards The Beer Store.

SO #1 and SO #2 responded and, within seconds, broadcast, “Male at gunpoint.”

Materials Obtained from Police Service

Upon request, the SIU obtained the following records from the WPS between September 7, 2024, and September 23, 2024:

• Communications recordings
• Computer-assisted Dispatch Report
• General and Supplementary Reports
• Names, contact information, and statements of civilian witnesses
• Video footage gathered by WPS
• CEW deployment data
• Use of Force training records of SO #1 and SO #2
• WPS summary of involvement with the Complainant
• Notes - WO #1, WO #3, WO #4, WO #5, WO #6, WO #7, WO #8, and WO #2

Materials Obtained from Other Sources

The SIU obtained the following records from other sources:

• Preliminary Autopsy Findings Report, received September 9, 2024, from the Ontario Forensic Pathology Services
• Toxicology Report, received December 11, 2024, from CFS
• Report of Postmortem Examination, received March 31, 2025, from the Coroner’s Office

The evidence collected by the SIU, including interviews with SO #1 and non-police witnesses, and video footage that captured the incident in part, gives rise to the following information. As was her legal right, SO #2 did not agree an interview with the SIU or the release of her notes.

In the morning of September 6, 2024, WPS officers were dispatched to the area of Food Basics, 880 Goyeau Street, Windsor. 911 calls had been received about a male in possession of knives behaving erratically. He had reportedly been involved in an altercation in which another person had been stabbed.

The male was the Complainant. He was of unsound mind at the time. He had left his residence on Ouellette Avenue holding a pocket-knife in his right hand and, in his left, a metal bar with a knife affixed to one end. Highly agitated and paranoid, he made utterances to a group he approached that people were trying to kill him, after which he made his way to a nearby grocery store (Food Basics). His erratic behaviour continued inside the store where he threatened to stab a store employee if he did not back up. He was persuaded to leave the store and did so.

SO #1 and SO #2 were the first officers on scene. They observed the Complainant walking north across Elliott Street, east of Goyeau Street. Bringing their cruiser to a stop on Elliott Street, the officers exited and confronted the Complainant as he was approaching the sliding entrance/exit doors of The Beer Store. SO #2 was armed with a CEW; SO #1 had his firearm drawn. SO #1 ordered the Complainant to stop and then followed him into the store as the sliding doors opened. SO #2 entered with SO #1. The Complainant remained in possession of the knives. The time was 10:32 a.m.

The Complainant led the officers northward in the store before turning to face them at another set of sliding doors leading to the cooler. SO #1 shouted at him to drop the knives and told him he was under arrest. The Complainant responded, “Kill me. Kill me.” SO #2 fired her CEW at the Complainant. He fell backward onto the floor of the cooler but was able to right himself. SO #2 fired her weapon again. Unfazed by the second discharge, the Complainant continued northward towards the north wall of the cooler.

Over the following seconds, the officers pursued the Complainant through the cooler’s aisles. Repeatedly told to drop the knives, the Complainant continued to reply, “Kill me. Kill me.” At one point, SO #1 pushed a nearby cart at him to create distance. In doing so, the magazine dislodged from the officer’s firearm and fell to the floor. The Complainant continued his flight.

Having reached the southern wall of the cooler, the Complainant turned left to head east towards the exit doors. SO #1 was able to cut him off before he reached the doors. The officer fired a single round striking the Complainant. The Complainant turned and ran back westward against the southern wall. He was confronted by SO #2 just before he reached the west wall. The officer, now with a firearm at the ready and pointed at the Complainant, fired three or four times. The Complainant remained on his feet and doubled-back east again in the direction of SO #1. Unaware that his magazine had become dislodged, SO #1 fired at the Complainant. Nothing happened. The Complainant ran past SO #1 and through the cooler’s exit doors, into the lobby area, and out the store’s exit doors onto a paved area in front of the sidewalk outside the business. The time was 10:33 a.m.

Realizing what had happened to his firearm, SO #1 reloaded his pistol with another magazine as he and SO #2 followed the Complainant outside. In the area of the sidewalk, a short distance south of the exit doors, the Complainant turned in the direction of SO #1. SO #1 told him to drop the knife. The Complainant yelled back, “Kill me. Kill me.” SO #1 fired three times.

The Complainant was felled by the volley of gunfire. He was approached by SO #1 and another officer arriving on scene, WO #7. The officers handcuffed the Complainant and started performing CPR.

Paramedics arrived on scene and assumed care of the Complainant. He was transported to hospital and declared deceased.

Cause of Death

The pathologist at autopsy was of the view that the Complainant’s death was attributable to multiple gunshot wounds.

Section 34, Criminal Code - Defence of Person – Use or Threat of Force

34 (1) A person is not guilty of an offence if

(a) They believe on reasonable grounds that force is being used against them or another person or that a threat of force is being made against them or another person;

(b) The act that constitutes the offence is committed for the purpose of defending or protecting themselves or the other person from that use or threat of force; and

(c) The act committed is reasonable in the circumstances.

(2) In determining whether the act committed is reasonable in the circumstances, the court shall consider the relevant circumstances of the person, the other parties and the act, including, but not limited to, the following factors:

(a) the nature of the force or threat;

(b) the extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force;

(c) the person’s role in the incident;

(d) whether any party to the incident used or threatened to use a weapon;

(e) the size, age, gender and physical capabilities of the parties to the incident;

(f) the nature, duration and history of any relationship between the parties to the incident, including any prior use or threat of force and the nature of that force or threat;

(f.1) any history of interaction or communication between the parties to the incident;

(g) the nature and proportionality of the person’s response to the use or threat of force; and

(h) whether the act committed was in response to a use or threat of force that the person knew was lawful.

(3) Subsection (1) does not apply if the force is used or threatened by another person for the purpose of doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully.

The Complainant passed away on September 6, 2024, the result of multiple gunshot wounds following an interaction with WPS officers. The SIU was notified of the incident and initiated an investigation naming two WPS officers subject officials – SO #1 and SO #2. The investigation is now concluded. On my assessment of the evidence, there are no reasonable grounds to believe that either officer committed a criminal offence in connection with the Complainant’s death.

Section 34 of the Criminal Code provides that conduct that would otherwise constitute an offence is legally justified if it was intended to deter a reasonably apprehended assault, actual or threatened, and was itself reasonable. The reasonableness of the conduct is to be assessed in light of all the relevant circumstances, including with respect to such considerations as the nature of the force or threat; the extent to which the use of force was imminent and whether there were other means available to respond to the potential use of force;whether any party to the incident used or threatened to use a weapon; and, the nature and proportionality of the person’s response to the use or threat of force.

SO #1 and SO #2 were in the execution of their lawful duty through the course of events culminating in the discharge of their weapons. Apprised of information of a male in possession of knives behaving erratically in public, the officers were duty bound to attend at the scene to do what they reasonably could to ensure public safety and protect life.

I am satisfied that both subject officials fired their weapons to defend themselves from a reasonably apprehended attack by the Complainant. Given what they knew of the Complainant’s behaviour before their arrival, including his having possibly injured another person in an altercation, SO #1 and SO #2 would have been concerned that the knives in the Complainant’s possession could be turned against them. In fact, on each occasion that the officers deployed their weapons – the CEW discharge by SO #2 followed by the gunshots inside and outside The Beer Store – there is evidence that the Complainant was turned in the officers’ direction, at close range, with a knife or knives in his possession.

I am also satisfied that the CEW discharge and gunfire constituted reasonable force by the subject officials. The Complainant was armed with weapons capable of inflicting grievous bodily harm and death. Though the evidence indicates he was not himself on the day in question, he remained a danger given the knives in his possession and his level of agitation. The officers had cause to intervene in the interests of public safety and they did so in a manner commensurate with the exigent circumstances of the moment. Despite the speed with which events unfolded, there is evidence that the officers directed the Complainant to drop the knives on each occasion before they resorted to their weapons. The CEW discharges made sense. If the weapon worked as intended, the Complainant’s temporary incapacitation would have provided the officers a window within which they could safely take him into custody. Regrettably, the CEW discharges failed, and SO #1 and SO #2 had little option but to resort to their firearms when confronted by an armed Complainant. In that situation, faced with an immediate threat to their lives, what was required was the stopping power of a firearm. On this record, I am unable to reasonably conclude that either subject official acted unreasonably when they chose to meet a risk of death with lethal force of their own.[4]

For the foregoing reasons, there is no basis for proceeding with criminal charges in this case. The file is closed.

Date: August 18, 2025

Electronically approved by

Joseph Martino

Director

Special Investigations Unit