A Guelph police officer acted within the law when he twice shot a man with an anti-riot weapon during an April incident in Brantford, the Special Investigations Unit ruled.
The officer was cleared of any criminal wrongdoing in a decision report released on Wednesday.
“In the circumstances, I am satisfied that the (subject officer) was attempting to lawfully take the complainant into custody at the time he fired his weapon,” states the finding report from SIU director Joseph Martino.
“The complainant was in the possession of a weapon capable of inflicting grievous bodily harm and death. He had also threatened the lives of officers and managed to keep them at bay over the previous two days. In the circumstances, it does not appear that the police acted precipitously in breaking open the door in what was ultimately a failed attempt to take the complainant into custody, particularly as they had received expert advice indicating the complainant would not be inclined to surrender peacefully."
The shooting took place during the early morning hours of April 6 inside a Brantford home. It was the third day of a four-day standoff involving a man with a sword.
As outlined in the director’s report, Guelph police tactical officers arrived at the scene a day earlier to assist with the situation. After communication with the suspect broke down, officers decided to force the back door open to get inside.
A warrant for the man’s arrest had been issued.
“At one point, he started to move toward the open doorway,” the report says of the suspect, who had initially threatened paramedics with the sword and retreated to the home where he barricaded himself inside.
“The officers by the front door told the complainant to stop and warned that force would be used against him if he crossed a certain threshold. The complainant continued past the threshold and was shot twice by ARWEN rounds fired by the SO.”
The man reportedly took refuge in a bathroom and police didn’t pursue him there. Instead they took up positions around the house and remained there until being relieved by Brantford Police officers in the morning.
One of the rounds hit the man in the abdomen while the other struck his backside, notes the report.
