Two Halton Regional Police officers shot and killed a 29-year-old man after an attempt to stop him from stabbing another man with a knife in the living room of an Oakville home in March, the province’s police watchdog has found.
On Friday, the Special Investigations Unit (SIU) released its final report into the March 2 incident, clearing the two officers of any criminal wrongdoing in the death of the man.
The report details what occurred inside the house on Third Line and Rebecca Street. The SIU noted that the two officers, designated as subject official # 1 (SO #1) and subject official # 2 (SO #2), did not agree to be interviewed or release their notes as their legal right.
Halton Regional Police officers were dispatched to the home after they received a 911 call from a resident at around 1:40 a.m.
According to the SIU, the resident heard someone yelling for help and rushed to the ground floor living room, where he saw his roommate, referred to as civilian witness #2 (CW #2), on his back with the 29-year-old man straddling him. In the SIU report, the man was named as the complainant.
“Both were bloodied,” the report said. The complainant was holding a knife in his right hand and was using it to stab CW #2, according to the SIU.
The resident tried to intervene, grabbing a frying pan from a nearby kitchen and striking the complainant across the head. However, the complainant continued his attack on his roommate, the SIU said. So, the resident left to call the police.
Shortly after, officers arrived and met the resident outside the front door. Among the responding officers were the two subject officers, who were armed with C8 rifles. Another officer at the scene was wearing a microphone and captured in full the audio of the events that took place.
When the officers announced themselves, a voice cried, “Help me, help me!”
The report said the officers then entered the home and positioned themselves on either side of the entrance to the living room. One or two police officers yelled, “Get off him now!” They repeated the command twice and also said, “Get off him, or you will be shot!”
The SIU said the complainant, who had his back to the officers and was still on top of his roommate with a knife in his hand at the time, did not obey the officers and continued his attack.
A short time later, the audio captured someone shouting, “Shoot, shoot!” and several gunshots were heard in rapid succession. The report said the first subject officer discharged five rounds while the second subject officer fired seven shots.
One of the rifles used by the an officer involved in the fatal shooting of a 29-year-old man in Oakville on March 2, 2024. (SIU)
The complainant fell onto the floor. The SIU said he was handcuffed and pronounced dead at the scene. Meanwhile, the roommate was taken to the hospital with multiple stab wounds and lacerations.
An autopsy confirmed that the complainant’s death was attributable to multiple gunshot wounds, including to the back and the back of the head.
“On my assessment of the evidence, there are no reasonable grounds to believe that either subject official committed a criminal offence in connection with the complainant’s death,” SIU Director Joseph Martino said in his report.
“Having received an urgent call for assistance in what were life and death circumstances, the officers were duty-bound to attend at the scene to do what they reasonably could to prevent harm from materializing and ensure public safety.”
Martino said he was satisfied that the officers fired their rifles under the reasonable belief that it was necessary to protect CW # 2 from death or serious injury.
“On this record, there can be little doubt that SO #1 and SO #2 acted to defend CW #2 when they fired their rifles.”
As for the number of rounds discharged, Martino said he was satisfied that it constituted reasonable force.
“It was imperative in the moment that they immediately incapacitate the complainant. They had taken a few seconds to order the complainant off CW #2, but waiting any longer risked the complainant striking CW #2 with a fatal blow,” the SIU director said.
He noted that the officers’ lives would have been in peril if they engaged in a physical fight instead of firing their rifles. Martino added that a less-lethal force such as a Taser “would not have the same likelihood of stopping power that was required of the moment.”
“With respect to the number of shots fired, their rapidity leads me to believe that there was no material difference in the threat reasonably apprehended by the officers throughout their gunfire. Moreover, there was no additional gunfire after the initial volley had been discharged and it was clear that the Complainant was no longer a threat,” Martino said.