The province’s police watchdog has found “no reasonable grounds” to suggest South Simcoe Police Service (SSPS) officers committed a criminal offence in connection with the shooting of two 19-year-old men in Innisfil earlier this year.
One of the men was pronounced deceased, while the other man was seriously injured by gunfire.
However, Ontario’s Special Investigations Unit (SIU) concluded Dec. 16 that the officers “acted with the purpose of defending themselves and/or their colleagues from a reasonably apprehended attack when they fired their weapons.”
“The officers were within their rights in seeking to take them into custody,” said director Joseph Martino in the report. “There was also cause to believe that a prompt intervention was necessary given the (men's) erratic behaviour and a concern for their well-being left to their own devices in the home. I am also satisfied that the officers’ gunfire constituted reasonable force.
“An immediate response was required in the circumstances,” Martino added. “There is no basis for proceeding with criminal charges in this case. The file is closed.”
His report comes days after the OPP announced it had arrested and charged one of the men, Dylan Hatton, with numerous Criminal Code offences, including assaulting a peace officer with a weapon (four counts), assault causing bodily harm, assault with a weapon, and dangerous operation of a motor vehicle.
The SIU says that on Aug. 15 around 2:20 p.m., a 911 call came into police dispatch advising a complainant had returned to her residence on Shoreview Drive, between Whitecap Drive and Dalkab Crescent in the north-end of town, with family. The 19-year-olds were hiding and attacked one person with a bat and plastic hockey stick, injuring them and chasing them down the street.
Police and paramedics were then dispatched.
Four officers arrived and located both men in an SUV, where the driver was told repeatedly not to move the vehicle. The driver accelerated in the direction of an officer and an officer fired.
“While he could not be sure that incapacitating the driver of the SUV would effectively eliminate the threat of a moving vehicle, it was a risk worth taking by the officer, who had little space in which to maneuver and only split seconds in which to decide on a course of action," Martino said.
There was a second volley of gunfire from four officers when the passenger took the wheel and drove the SUV in reverse.
“(The) men were driving away and attempted to run over one or more police officers,” Martino said. “Shots were fired striking the driver, resulting in the other man taking over the driving. He continued to drive at the officers and again shots were fired striking the man. Both were transported to Royal Victoria Hospital. At least two police officers discharged their firearms.”
In its report, the SIU says five damaged bullets, 18 fired cartridge cases and one projectile metal fragment were found at the scene.
Also contained in the report is a photo of the vehicle that was driven by the men — it shows multiple bullet holes in the windshield. Another picture just below that is of “minor” damage done by that vehicle to a door handle on a police cruiser, allegedly when the vehicle mounted a grass berm and struck the cruiser.
The SIU is an independent government agency that investigates the conduct of officers that may have resulted in death, serious injury, sexual assault or the discharge of a firearm at a person. Its civilian investigators look at whether the officers have committed a criminal offence in connection with the incident. Depending on the evidence, either a criminal charge can be laid or the case will be closed.
Once the SIU invoked its mandate following the incident, SSPS requested the OPP begin a parallel investigation into the circumstances leading up to the SSPS's arrival and the immediate situation at the scene when officers got there.
Hatton has been released and is scheduled to appear in Bradford provincial court on Jan. 2.
Anyone with information is urged to contact the OPP at 1-888-310-1122. Those wishing to remain anonymous can contact Crime Stoppers at 1-800-222-8477 or ontariocrimestoppers.ca.
