No Charges to Issue Against Officer who Discharged Less-Lethal Shotgun at Man in Toronto
(29 April, 2022) ---
The Director of the Special Investigations Unit, Joseph Martino, has found no reasonable grounds to believe that a Toronto Police Service (TPS) officer committed a criminal offence in connection with the discharge of a less-lethal firearm at a 33-year-old man in December of 2021.
In the morning of December 30, 2021, TPS officers were dispatched to the intersection of Kingston Road and Midland Avenue following reports of a crime spree committed that morning by a man. The man approached the first cruiser that appeared on scene and kicked the driver’s door. He then proceeded to jump on the cruiser’s hood and roof. Other officers arrived on scene. As the man was running away, one of the officers fired her less-lethal shotgun at the man. The man was not struck. When the man turned to confront the officers, he was bumped from behind by the front end of a cruiser. Moments later, another officer discharged his conducted energy weapon at the man. After a period of struggle, the man was apprehended. He did not suffer any serious injury.
As there were no reasonable grounds to believe that the officer who discharged the less-lethal shotgun comported herself unlawfully throughout her engagement with the man, Director Martino concluded there was no basis for proceeding with criminal charges against the officer. The file has been closed.
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
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Kristy Denette, email@example.com
SIU Communications/Service des communications, UES