Officials with Ontario's Special Investigations Unit (SIU) say they found no reasonable grounds to believe a York Regional Police officer committed a criminal offence in connection with the shooting death of a 37-year-old man in Newmarket.
On December 7th, officers were called to an apartment on Crowder Boulevard for a domestic dispute.
A report says officers entered a stairwell in the building on ground level when the man entered behind them, armed with a hammer. It indicates an officer fired at the man 14 times, striking him 13 times. The man was pronounced dead at the scene.
SIU forensic investigators arrived to the apartment complex the next day to examine the scene.
The report states the man's body was found in the stairwell hallway with the hammer on the ground next to him. Several shell cases were also noted in the hallway and on the staircase.
The report added that 14 cartridge cases and one live round of ammunition were found in the stairwell. Investigators later collected the Glock pistol, ammunition, and magazines issued to the accused officer. Three projectiles were found in the stairwell area and 11 were found in the man's body at autopsy, according to to officials.
Bullets and fragments removed from the deceased during his autopsy were also submitted to the Center of Forensic Sciences. Results of the examination have not yet been returned to the SIU.
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SIU says video evidence from the apartment complex didn't capture the inside of the stairwell where the incident occurred.
After testimony from four civilian witnesses, two witness officials, as well as evidence from other recordings and reports, SIU director Joseph Martino says he found no basis for proceeding with criminal charges for the officer.
"At the time of the gunfire, the Complainant was moving towards the SO with a hammer in his right hand giving every indication he was about to swing it at the officer," Martino said in his analysis and director's decision. "The officer was clearly under attack and acted to defend himself ... The number of shots fired – 14 – is subject to legitimate scrutiny but does not ultimately divest the officer of the protection of section 34.
Martino continued: "However, given the speed with which events unfolded, the tension of the moment, and the delay associated with reaction times, I am unable to conclude that any part of the SO’s gunfire was something other than a reasonable response to the threat presented by the Complainant."
The full director’s report (with incident narrative, evidence, and analysis & director’s decision) can be found here.
Banner image - file photo - Barrie 360
