The York Regional Police officer who shot and killed a man wielding a hammer in the stairwell of a Newmarket apartment building last December has been cleared of any charges by the Special Investigations Unit (SIU).
Three police officers had responded to multiple 911 call for a domestic disturbance involving a man and a woman in a unit at the Crowder Boulevard building the night of Dec. 7, 2023, which ultimately led to the shooting of the 37-year-old man.
There are no reasonable grounds to believe the officer committed a criminal offence in the man’s death, stated Joseph Martino, director of the SIU, the province’s independent agency that investigates the conduct of police in incidents involving death or injury.
The officers were escorted into the building’s foyer by one of the 911 callers, who led them to the elevator, according to the SIU report. They briefly spoke by the elevator before the officers entered a stairwell across the hallway. Shortly after, the elevator arrived on the main floor with the man and woman.
According to the SIU, the man had contravened a no-contact order to come to the woman's apartment earlier that day.
The 911 caller saw the two in the elevator and called out to the officers through the stairwell doors.
“Immediately thereafter, the complainant emerged from the elevator and rushed toward the stairwell door, removing a hammer from a right front pocket as he did so,” the SIU said.
“The officers were alerted to the complainant, who screamed out. He held the hammer in his right hand at chest level as he closed the distance on the officers,” the report detailed.
When the man was within a metre of the involved officer, who had his gun drawn and then fired 14 times in his direction.
The man toppled forward and landed at the foot of the staircase, where he was handcuffed behind his back before receiving first aid.
He was pronounced dead at the scene at 10:38 p.m. An autopsy revealed he had been struck by 13 of the 14 bullets fired by the officer, the SIU said.
“I am satisfied that the (officer) fired his gun to protect himself from a reasonably apprehended assault by the complainant. At the time of the gunfire, the complainant was moving toward (the officer) with a hammer in his right hand, giving every indication he was about to swing it at the officer. The officer was clearly under attack and acted to defend himself,” Martino said.
While the officer might have considered using a Taser, it did not have the stopping power of a gun, he added.
“The officer was at risk of grievous bodily harm or death had the complainant been able to swing the hammer in his direction. And the risk was imminent."
Evidence suggests the last few shots were fired as the man was falling or already on the floor, the report stated.
“However, given the speed with which events unfolded, the tension of the moment, and the delay associated with reaction times, I am unable to conclude that any part of the (officer's) gunfire was something other than a reasonable response to the threat presented by the complainant,” Martino concluded.
