The Special Investigations Unit (SIU) has found no reasonable grounds to believe a York Regional Police officer committed a criminal offence in connection with the shooting death of a 25-year-old man in Vaughan last October.
The SIU investigated the scene, collected evidence, interviewed seven civilian witnesses and five witness officials, and used camera footage to build the incident narrative for the shooting.
“I am satisfied that the SO (subject official) acted to protect himself from a reasonably apprehended attack when he shot the complainant,” said Joseph Martino, director of the SIU. “That was what the officer told the SIU, and his evidence is supported by the prevailing circumstances at the time. While the SO did not see the complainant with a gun, the officer had reason to believe that the complainant was in possession of a gun, a weapon he had apparently been willing to show and threaten persons with moments earlier.”
According to York Regional Police, on October 9, 2022 at 11:50 p.m., officers attended Universal Eventspace, 6250 Vaughan Valley Blvd., for a male reportedly in possession of a firearm, which had been brandished.
One of the York Regional Police officers discharged their C8 carbine at the complainant, shooting him in the thigh, according to the SIU’s report.
On October 10, 2022 at 2:12 a.m., York Regional Police notified the SIU of an injury to the complainant, the SIU arrived on the scene at 5:20 a.m. The complainant had been taken to Sunnybrook Health Sciences Centre and was in surgery when the SIU was notified.
Video captured the complainant walking in the lobby of Universal Eventspace when two police officers entered with the subject official pointing his C8 rifle at the complainant. At this point, video shows the complainant removing a firearm from the right pocket of his sweatshirt and placing it in the front waistband or pocket of his pants, according to the report.
The complainant then ran and, when the police followed, he appeared to be holding the firearm through the front of his pants with his left hand, while his right arm was raised upwards, according to the report. As the complainant continued to run with his right arm raised and his left arm in the area of his pocket, the police followed.
At this point in time, video shows the complainant’s body reeling back, and then stumbling, which is believed to be the moment he was first shot, the SIU said. The complainant rotated clockwise and collapsed behind the stage, out of the view of the camera.
“The complainant flinched and stumbled forward face-first to the floor behind the stage,” the report said. “Within moments, the complainant rolled onto his left side and reached with his right hand towards his waistband, at which point he was shot twice more by the SO. The complainant raised his arms above his head and was handcuffed.”
The officers on scene, including the subject official, began to administer first-aid, according to the report, and tourniquets were fastened to both of the complainant’s legs. He was subsequently transported to hospital and died the next day.
“With respect to the first volley of two shots, the complainant’s conduct would have given rise to a reasonable fear that he was retrieving a gun to use on the officer and that immediate defensive force was necessary,” said Martino. “The same is true of the second volley of shots. Even though the Complainant was now on the floor, he was turning onto his left side and reaching again towards his waistband with his right hand when the SO fired.”
The pathologist at autopsy concluded that the complainant’s death was attributable to “gunshot wounds of torso”.
The complainant suffered five penetrating and perforating gunshot wounds and a loaded Glock model 26 semi-automatic pistol was recovered near where he was shot in the facility, according to the SIU.
