News Release
SIU Concludes Toronto Shooting Investigation
Case Number: 07-TFI-014
Other News Releases Related to Case 07-TFI-014
Justin McMahon, 21 years of age, and Michael Yang, 22 years of age, were in a Dodge Neon when they were shot. The driver of the car, Mr. McMahon, was shot four times and sustained injuries to his arm and shoulder and a gunshot wound to the side of his head, behind his ear. The passenger, Mr. Yang, was shot once in his upper chest area. Both are recovering from their injuries.
The SIU investigation determined that at approximately 2:07 a.m. on January 16, a TPS officer radioed the communications dispatch and said that he was trying to stop a red Dodge Neon for speeding on Parliament Street at Gerrard Street. The driver allegedly refused to stop and the officer did not pursue the car due to poor road conditions.
At about 2:10 a.m., two plainclothes officers in an unmarked Chrysler Intrepid reported seeing the Neon at Jarvis and Richmond Streets. The officers followed the car around the downtown core, eventually travelling westbound on King Street toward Bay Street. At the intersection, the driver of the Neon stopped for a red traffic signal. A large garbage truck had stopped beside it in the passing lane.
The officer driving the Intrepid drove around the garbage truck and stopped in front of the Neon, blocking its path. The officers exited their car, identified themselves as the police, and yelled at the men to get out of the Neon. The Neon proceeded to move forward on two occasions in the direction of the officers and the officers' vehicle, striking the passenger side of the officers' vehicle on one such occasion. The officers responded by discharging their firearms at the Neon. In total, the officers fired fourteen shots during the confrontation.
The Neon eventually came to a stop on Bay Street. Additional officers arrived and took control of the situation. It was determined that both Mr. Yang and Mr. McMahon had received gunshot wounds. Both men were taken to hospital for treatment.
As part of the investigation, SIU investigators interviewed a total of twenty-four police and civilian witnesses. The shooting scene was mapped and measured and the involved vehicles were forensically examined. Thirteen spent cartridge cases were recovered from the scene and submitted to the Centre of Forensic Sciences for analysis. Investigators also canvassed the businesses in the surrounding area and located two surveillance video recordings, which were reviewed. The investigation was primarily delayed as investigators tried to locate the driver of a taxi that was seen on tape passing by the area at the time of the incident. Despite making hundreds of phone calls investigators were never able to identify the driver. Police reports, communications tapes, and training records were also reviewed.
Based on all the available evidence the Director concluded the officers had ample grounds to arrest the occupants of the Neon based on the manner in which the vehicle was being driven prior to the events at King and Bay Streets and further that they were in the lawful discharge of their duties as they moved in to arrest the two men. The officers believed the way the vehicle was being operated by Mr. McMahon after they positioned their vehicle in front of the Neon constituted a direct and imminent danger to their lives justified a resort to lethal force. Director Cornish said, "I am satisfied their resort to gunfire fell within the range of justifiable options prescribed by the criminal law."
Mr. McMahon currently faces charges as a result of this incident. The SIU will not be releasing any further information in relation to this Investigation in order to protect the fair trial interests of the young man and the community.
If you or someone you know has been negatively affected by an incident under SIU investigation and would like support, the Affected Persons Program is here to help. You can reach us at 1-877-641-1897. Support is free, confidential, and available 24/7, every day of the year.
The SIU is an independent government agency that investigates the conduct of officials (municipal, regional and provincial police officers, police officers with the Nishnawbe Aski Police Service, 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