News Release

News Release

SIU Concludes Investigation in Hamilton

Case Number: 11-OCD-037   

Mississauga (13 May, 2011) --- The Director of the Special Investigations Unit (SIU), Ian Scott, has concluded that there are no reasonable grounds to charge any officer of the Hamilton Police Service (HPS) with a criminal offence in regards to the death of 45-year-old Earl Douglas McAllister in March of this year.

The SIU assigned four investigators and two forensic investigators to the case. Three officers were designated as subject officers, all of whom consented to interviews with the SIU. Four officers were designated as witness officers and interviewed. Three civilian witnesses were also interviewed. The scene was processed and recorded by the SIU. Photographs and measurements were taken, video recordings made and a scale drawing was produced. As part of the forensic evidence the SIU also seized a knife and metal bar for examination.

The SIU investigation determined that at approximately 11:00 am on March 5, 2011, HPS officers responded to a domestic call at a residence on James Street North in which a female claimed to have been choked and struck over the head with a pipe. The female was able to escape and call police. Upon arrival, the subject officers located a female covered in blood. The female was assisted by paramedics and Mr. McAllister was located in the residence, also covered in blood. As Mr. McAllister was being taken into custody and handcuffed, he told police he had stabbed himself. The officers saw two puncture wounds and Mr. McAllister went into medical distress. Paramedics were on scene and revived him but he later died at hospital.

Director Scott stated, "The only reasonable conclusion from the investigation is that Mr. McAllister stabbed himself a number of times after a violent confrontation with his common-law girlfriend. According to the autopsy, one of the stab wounds in the decedent’s abdomen area led to his death. The subject officers had nothing to do with the decedent at the time he administered these self-inflicted wounds."

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