News Release

Toronto Police Officer Faces Second Charge

Case Number: 10-TFD-210   

Mississauga (23 February, 2012) --- On November 30, 2010 the Director of the Special Investigations Unit, Ian Scott, laid a charge of Manslaughter against Toronto Police Constable David Cavanagh in relation to the firearm death of Eric Osawe in September of 2010.  After consultation with the Crown Law Office-Criminal, Director Scott has now caused a charge of Second Degree Murder contrary to s. 235(1) of the Criminal Code to be laid against the officer. 

The charges against Cst Cavanagh are in relation to an incident which occurred on September 29, 2010.  At approximately 1:15 a.m. on this date, the Emergency Task Force and the Guns and Gangs squad executed a search warrant at an apartment on Dunbloor Road.  During the search, 26-year-old Eric Osawe was fatally shot by Cst Cavanagh. 

A preliminary inquiry will commence in this matter October 1, 2012 before the Ontario Court of Justice (College Park Building), 444 Yonge Street, Toronto.  The Justice Prosecutions branch of the Ministry of the Attorney General continues to have carriage of the prosecution.

As this matter is now before the courts, and in consideration of the fair trial interests of the charged officer and the community, the SIU will make no further comment pertaining to this investigation. 

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