News Release

News Release

SIU Concludes Death Investigation in Oakville

Case Number: 12-OFD-015   

Mississauga (4 April, 2012) --- The Director of the Special Investigations Unit (SIU), Ian Scott, has concluded that there are no reasonable grounds to charge two Halton Regional Police Service (HRPS) officers with any criminal offence in regards to the death of 43-year-old Kyle Newman in January of 2012.

The SIU assigned six investigators and three forensic investigators to probe the circumstances of this incident.  While one of the subject officers provided an interview to the SIU, the other officer declined, as is his legal right.  In addition, eight witness officers were interviewed.  Eleven spent bullet casings, several sets of police-issued clothing and vests, and the service pistols and duty belts of the subject officers were seized.  Closed-circuit television imagery and radio transmissions were analyzed.

The SIU investigation found that the following events took place on Thursday, January 12:
• Shortly after 11:30 a.m., an HRPS officer was driving out of the 20 Division parking lot in Oakville when his cruiser was intentionally struck from behind by Mr. Newman, who was in his silver Nissan. 
• In an attempt to diffuse the situation, the officer drove away, only to be pursued by the Nissan.  His vehicle was rammed again, and the officer contacted dispatch to advise about the situation and request back up.
• The officer returned to the parking lot where his vehicle, and another vehicle, were rammed by Mr. Newman.
• Mr. Newman stopped his vehicle and exited while carrying a large knife with an eight-inch blade in his right hand.  The knife was pointed forward with the blade up.  He began walking in a purposeful manner toward one of the subject officers.  Both subject officers and other officers who came out to the parking lot shouted at Mr. Newman to “drop the knife” on multiple occasions. The subject officers drew their handguns from their holsters and pointed them at Mr. Newman.  He did not comply with their demands and kept moving towards the first subject officer.   According to one witness officer, Mr. Newman charged in the direction of the officers.  Both subject officers discharged their firearms when Mr. Newman was approximately twenty feet away. 
• All told, they discharged eleven bullets at him. 
• One bullet entered the left side of his head causing his death. 

Police have confirmed that Mr. Newman was the estranged husband of Katherine Newman, who was found dead in her Oakville townhouse the same day as the events described above.

Director Scott said, “While there is a tragic lead-up to this incident, for the purposes of my analysis, it is not directly relevant to the SIU’s investigation.  What is material are the circumstances immediately before the shooting. 

“In my view, both subject officers were justified in the use of lethal force leading to Mr. Newman’s death in these circumstances.  They could reasonably conclude that he represented an imminent threat of death or grievous bodily harm to the first subject officer due to Mr. Newman’s apparently purposeful approach to that officer while brandishing a knife at him, and his noncompliance with police demands. Further, that officer had no reasonable opportunity to escape this attack. Accordingly, he was justified in using lethal force under ss. 34(2) of the Criminal Code.  As a result of witnessing this imminent attack upon the first subject officer, the second subject officer was justified in the use of lethal force under s. 27 of the Code; he had a reasonable belief that Mr. Newman would be likely to cause immediate and serious injury to another individual.”

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