News Release
SIU Concludes Investigation into London Shooting
Case Number: 09-OFI-006
Other News Releases Related to Case 09-OFI-006
Six SIU investigators and three forensic investigators were assigned to probe the circumstances of this incident.
The SIU investigation determined that at 2:09 p.m. LPS officers went to an Oakville Avenue apartment to arrest 26 year old Joseph Barnes on a warrant. Mr. Barnes fled on foot. A number of officers chased after Mr. Barnes. At some point in the foot pursuit Mr. Barnes pointed a replica weapon at officers and civilians. Police fired a number of shots and Mr. Barnes was struck. Mr. Barnes was transported to London Health Sciences Centre and treated for gunshot wounds.
Director Scott said, “While the police were attempting to arrest Mr. Barnes, he jumped from a second floor apartment balcony and ran. Before he left, he grabbed a replica 9 mm handgun. One of the witness officers saw what was eventually determined to be a replica handgun and Mr. Barnes was told several times to stop and get on the ground. The two subject officers discharged their firearms seven times at Mr. Barnes after it appeared he pointed the replica handgun at officers and then at some civilians who were also in the area. Mr. Barnes was struck three times.â€Â
Director Scott added, “In my view, the subject officers acted reasonably in these circumstances. Under ss. 25(4) of the Criminal Code, a peace officer is justified in using lethal force in arresting an individual when the arrest is a lawful one and the subject officer believes on reasonable grounds that the force is necessary for the purpose of protecting persons lawfully assisting the subject officer from imminent death or grievous bodily harm. Here, the arrest was lawful because the complainant had outstanding robbery warrants. Whether Mr. Barnes pointed his firearm at one of the subject officers or another officer, the subject officers were justified in using lethal force because all officers were involved in lawfully assisting the subject officers in this arrest. Finally, the fact that the handgun ultimately turned out to be a pellet gun does not affect the analysis; the subject officers had an honestly held and reasonable belief that the replica handgun was real. Accordingly, I cannot form reasonable grounds that the use of force in these circumstances was excessive.â€Â
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