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Toronto police officer facing charges in connection with February shooting: SIU

Click to play video: 'The SIU has charged Toronto police officer in relation to a shooting at a west end park'
The SIU has charged Toronto police officer in relation to a shooting at a west end park
WATCH: The SIU has charged Toronto police officer in relation to a shooting at a west end park – Sep 8, 2023

Ontario’s police watchdog, the Special Investigations Unit, says a Toronto police officer is facing charges in connection with a shooting in February.

On February 27, the SIU said, officers were called to a park in the Black Creek Drive and Trethewey Drive area for reports of a man with a knife.

Speaking to reporters hours after the incident in February, SIU spokesperson Kristy Denette said the man walking a dog allegedly had a knife and had an interaction with another man.

Police also said another concerned caller reported that he might have cut himself.

Denette said officers arrived on scene in just a few minutes, and a “short foot pursuit” stretched from the park into a nearby intersection.

“Two officers discharged conducted energy weapons at the man,” the SIU said in a report Friday. “Another officer shot his firearm twice at the man.”

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The SIU previously said officers at the scene rendered medical care to the man until an ambulance arrived.

According to the SIU, the 31-year-old man was taken to hospital with serious injuries.

He was later identified as Devon Fowlin.

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In a report Friday, SIU Director Joseph Martino said he had “reasonable grounds to believe a Toronto Police Service officer committed criminal offences in relation to a shooting in February 2023.”

The SIU said Toronto police Const. Andrew Davis has been charged with one count of aggravated assault contrary to section 268 and one count of discharging a firearm with intent to maim, wound, disfigure or endanger life, contrary to section 244.

The SIU said Const. Davis is scheduled to appear in court in Toronto on Oct. 3.

“As the matter is before the courts, and in consideration of the fair trial interests of the accused, the SIU will not provide further comment on the investigation,” the SIU said.

The SIU is an independent agency that investigates the conduct of officers in incidents that have resulted in death, serious injury, or alleged sexual assault.

In a statement emailed to Global News on Friday, David Shellnutt, who is representing Devon Fowlin, said they are “pleased to see serious charges being laid in this very concerning case.”

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“This is a rare step the SIU has taken (to charge an officer criminally); we are appreciative of their thoughtful and compassionate investigation,” Shellnut said. “We wonder what was involved in this case that made it unique, why in other police shooting cases do we not see similar charges. We are all aware of the SIU/OIPRD statistics.”

Shellnutt said this is a “positive step forward for Devon and his family.”

“However, it does not erase what happened and what he has endured, serious injuries that are both physical and psychological in nature,” he continued. “These injuries have made the last few months since the shooting nearly unbearable. Life has been incredibly difficult.”

Shellnutt said Fowlin did not need to be met with lethal force.

“He ought to have been met with compassion and understanding,” he said.

In a statement Friday, Toronto Police Association President Jon Reid said it is an “unfortunate incident for everyone involved.”

“As an Association, it is our responsibility to ensure our member receives fair and thorough representation. Since the time of this incident, the TPA has provided support to the member,” Reid said. “This is the same process that would be followed for any member of the TPA who is charged by the Special Investigations Unit.”

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Reid said now the TPA must wait for the case to make its way through the courts and for the disciplinary process that may follow.

“In the interim, there is no value in passing judgement on this officer or with casting aspersions on an entire membership,” the statement read.

Global News reached out to Toronto police for comment. The force said it had nothing to add at this time.

-with files from Global News’ Gabby Rodrigues

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