News Release
SIU Concludes Investigation into Hamilton Shooting
Case Number: 09-OFI-015
Other News Releases Related to Case 09-OFI-015
The SIU assigned five investigators and four forensic investigators to probe the circumstances of the occurrence.
On Friday, January 23, 2009 at 9:04 p.m. an armed robbery occurred at the Tim Horton’s at Stone Church Road and Upper James Street. Two masked male individuals fled the scene in a vehicle. HPS officers located the vehicle and engaged in a pursuit in an attempt to apprehend its occupants.
The two individuals abandoned the vehicle in the area of Elcho Street and Wycliffe Avenue after it became stuck on a snow bank. They fled on foot pursued by two HPS officers. During the foot pursuit one of the individuals, 24 year old Fawad Nouri, discharged a shotgun at the officers. Both officers returned fire and Mr. Nouri was struck once. Mr. Nouri was taken into custody and transported to Hamilton General Hospital for treatment of a non-life threatening gunshot wound. A firearm was recovered at the scene.
Director Ian Scott said, “There are no reasonable grounds to believe that the subject officers committed a criminal offence with respect to the firearms injury to Mr. Nouri. The officers had ample grounds to believe that Mr. Nouri, who had armed himself with a loaded shotgun, and his partner had just committed an armed robbery of a business. They fled in a vehicle, which the two subject officers spotted a short time later. The officers pursued the vehicle. The driver of the vehicle lost control and it became stuck on a snow bank. The occupants then fled on foot pursued by the two officers. Mr. Nouri suddenly turned, discharged his shotgun in the direction of the officers, and continued running. The officers returned fire and Mr. Nouri was struck.â€Â
Director Scott concluded, “The subject officers had reasonable grounds to engage in a pursuit with Mr. Nouri. After leaving the vehicle Mr. Nouri pointed and discharged a shotgun in the direction of the officers putting the officers’ lives in imminent danger. Pursuant to the Criminal Code ss. 25(3) a peace officer is permitted to use lethal force if he or she believes that it is necessary for the self-preservation of that person. I am of the view that the use of lethal force was justified due to Mr. Nouri’s prior act of discharging a firearm at the officers. Accordingly, no criminal liability attaches to the subjects officers’ discharges of their firearms causing injury to Mr. Nouri.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