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Officer failed to de-escalate, used unnecessary force in Toronto shooting: report

Click to play video: 'Newly released report into shooting of Devon Fowlin finds officers used unnecessary force and failed to de-escalate situation'
Newly released report into shooting of Devon Fowlin finds officers used unnecessary force and failed to de-escalate situation
WATCH: Devon Fowlin’s lawyer and community activists say a new report into a police-involved shooting is another example of systemic racism. They say police need to do more to ensure this doesn’t happen again. Catherine McDonald reports – Jan 11, 2024

Supporters of Devon Fowlin, a black man shot by a Toronto Police officer last February, say the way he found out about a report released by Chief Myron Demkiw was wrong.

“I saw Devon a couple of nights ago and had to tell him about this report. I had to tell him because this board doesn’t communicate with survivors of police violence,” community activist Desmond Cole told the Toronto Police Services Board at their scheduled meeting Thursday morning.

Cole said he happened upon the report, which was uploaded to the Toronto Police Services Board website last Thursday, but otherwise, neither he, nor Fowlin’s lawyer, would have known about it.

The report states that four of the twelve police officers involved in the shooting of Fowlin, were not in compliance with the applicable provincial legislation regarding the Standards of Conduct and relevant TPS procedure.

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Fowlin was in a parkette across the street from 12 division on the morning of Feb. 27, 2023 when a citizen walked into the precinct and reported a man with a knife.

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When officers responded, the park was empty and Fowlin who seemed agitated, had a large knife concealed in a sheath on his belt. The report finding says Fowlin did not comply with demands to lay on the ground and began walking backwards before two officers attempted to taser him. The interaction was caught on body-worn cameras. Fowlin then took out his knife, put it to his throat and began cutting. Constable Andrew Davis then discharged his service pistol striking Fowlin twice.

Davis was found to have failed to sufficiently utilized de-escalation tactics, and instead, used unnecessary force against Fowlin when he discharged his firearm when there was no risk of bodily harm or death to any member of the public or police service.

The SIU has already charged Davis with one count of aggravated assault, and one count of discharging his firearm with intent to maim, wound, disfigure or endanger life.

Fowlin’s lawyer, David Shellnut, who also spoke at the board meeting, says as the report points out, a lot went wrong that day. “PC Davis is criminally charged and he and another officer could potentially face disciplinary hearings.”

He says instead of helping a man in crisis, PC Davis shot him repeatedly. “This is a situation that escalated needlessly. It demonstrates the need for us all to focus considerable efforts in developing and investing more appropriate emergency responses.”

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Community member Dr. Suzanne Shoush told the board that this incident points to ongoing systemic racism at the Toronto Police Service. “In Toronto, we know that black people are twenty times more likely to be shot by the police. This is just one example of that.”

Shellnut said Fowlin is still recovering from the shooting and relies on community fundraisers to support himself.

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