News Release
SIU Concludes Investigation into Elmvale Firearm Death
Case Number: 09-PFD-149
Other News Releases Related to Case 09-PFD-149
SIU Investigation into Firearm Death Continues
SIU Investigates Firearm Death
The SIU assigned four investigators and three forensic investigators to probe the circumstances of this incident.
The SIU investigation determined that on the evening of June 22, the subject officer was dispatched to a residence in Elmvale, to investigate a reported altercation between a door-to-door salesman and Douglas Minty. As the subject officer approached the home, Mr. Minty began walking quickly toward the subject officer with a knife in his hand. The officer backed up and drew his service pistol, while instructing Mr. Minty to drop his weapon. Instead of complying, Mr. Minty charged at the officer with the knife pointing in the officer's direction. The officer discharged his firearm several times at Mr. Minty, causing him to fall to the ground. Mr. Minty was taken to Royal Victoria Hospital where he was pronounced dead. A post mortem attributed his cause of death to multiple gunshot wounds.
Director Scott said, "I have no reason to doubt the veracity of the civilian witnesses who saw Mr. Minty quickly approach the subject officer with a knife in his right hand in an extremely threatening manner. I am of the view that the subject officer was justified in the use of lethal force in these circumstances under ss. 34(2) of the Criminal Code, as he had a reasonable apprehension of imminent death or grievous bodily harm from which he could not escape because Mr. Minty was attacking him with a knife and not complying with his demands to drop his weapon. Accordingly, I am of the view that the lethal force used was not excessive."
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