Ontario’s police watchdog says there was no unlawful conduct by police following the shooting of a man near Bobcaygeon in the City of Kawartha Lakes in November 2021.
Late Thursday, the Special Investigations Unit released details of its investigation into the fatal shooting of a 57-year-old man by a City of Kawartha Lakes OPP officer on Nov. 25, 2021.
In his report, SIU director Joseph Martino noted on that morning, an officer around 10:05 a.m. was at a residence near Highway 49 and Highway 47, just north of Bobcaygeon, to investigate a complaint about the theft of gasoline.
Martino noted the officer had also been to the same home the day before to investigate another theft of gas from the same station in September in which the complainant was also the suspect.
Martino said the officer knocked on a door in the rear yard when a man exited onto the back deck while brandishing a .44 calibre rifle. Martino said the man told the officer to “get out of here,” as he lifted and pointed the rifle at the officer.
The report says the subject officer drew his pistol and discharged several rounds in quick succession.
“The man was struck and fell to the deck floor,” Martino stated. “Once officers were able to assure the area was safe of possible threats, they escorted paramedics to the scene where the man was located deceased.”
Seven SIU investigators were tasked with the investigation. They interviewed the officer and examined his Glock 17M pistol. They found a Winchester Model 94AE .44 calibre lever action rifle on the southwest corner of the deck. Investigators say the rifle’s hammer was cocked and a bullet was in the gun’s breech.
“The primer of the cartridge appeared as if it had been struck,” Martino said.
Two other witnesses were interviewed and a 911 call by the officer and OPP drone video footage were also reviewed as part of the investigation.
An autopsy report determined the man’s cause of death was a gunshot wound of the left shoulder. The man also had a gunshot wound to his abdomen.
Martino’s report concluded that given the man’s threats with a weapon, the officer lawfully protected himself.
“The SO was in the lawful discharge of his duties at the time of the events in question,” he said.
“Having viewed video footage of the complainant seemingly stealing gas from a gas station earlier that morning, and aware that the complainant was also suspected of a previous gas theft from the same station, the officer was within his rights in attending at the complainant’s home to speak to him about the offence.
“Faced with what appeared, and was, a fully functioning rifle aimed in his direction, in the hands of an individual refusing to drop it as directed to do so by the officer, I am satisfied that a reasonable person would have immediately apprehended the need to defend themselves from an imminent risk of grievous bodily harm or death with whatever was at their disposal, in this case a firearm,” Martino said.
“I am further satisfied that the officer’s gunfire was a reasonable use of force.”
Martino said there was no basis to charge the officer and closed the file.
The victim’s identity was not released.
The SIU investigates any police interactions with civilians that result in serious injury or death, the discharge of a firearm or a reported sexual assault.