July 29, 2015 8:00 pm

Leaked toxicology report showed Jermaine Carby had drugs in system when shot


WATCH ABOVE: Family and supporters of the 33-year-old shot by Peel Regional Police say officers could have done more to avoid killing him. They claim the leaked documents are meant to distract from the Black Lives Matter message. Mark Carcasole reports.

TORONTO — A leaked toxicology report shows Jermaine Carby, who was fatally shot by Peel Regional Police last year, had ecstasy and meth in his blood at the time of his death.

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Carby, 33, was shot in the chest, forearm and back after a traffic stop in Brampton last September. He was carrying a knife.

Carby’s cousin Latanya Grant said Wednesday she was stunned to find media had published the report.

READ MORE: Black Lives Matter protesters shut down section of Allen Expressway

“This is a breach of confidentiality for Jermaine’s personal information,” she said.

“So whoever leaked this — I feel they should be sued.”

The family had received a copy of the report last week, which shows there were trace amounts of drugs in his system including antidepressants — which Grant said showed Carby struggled with mental health issues that should have been considered by police.

“This just verifies that Jermaine did have mental health issues,” she said.

“And that’s something they didn’t take into consideration.”

Roger Love, a lawyer with the African Canadian Legal Clinic, said the issue is particular concerning for that reason.

“We still have to question, did the officers use de-escalation, did the officers try to speak to Mr. Carby?” he said.

The co-founder of the Toronto chapter of Black Lives Matter said she questioned the timing of the report’s leak and the motive behind it.

“I think that this is a derailment, what we’re talking about here is murder,” she said. “We are trying to hold the police accountable for what seems like a very tricky situation around the tampering of evidence.”

WATCH: Community group ‘Black Lives Matter’ protests race relations at Toronto Police Board meeting

Meanwhile, Grant said the fact that the knife allegedly held by Carby during the incident was taken from the scene by an officer, showed that more information needs to be provided on Carby’s death.

“I want people to just be empathetic with my family,” said Grant.

“I want them to see that something’s fishy about this case.”

The Special Investigations Unit said last week it will not charge the Peel Regional Police officer who killed Carby.

SIU Director Tony Loparco said in a statement that three Peel officers feared for their lives.

A spokesman said Peel Regional Police “agree with the conclusion the officers were justified and lawful in their actions.”

With files from Mark Carcasole 

© 2015 Shaw Media

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