Brantford, Ont., police cleared after man shot 5 times with anti-riot weapon, says SIU

A Brantford police officer has been cleared of any criminal wrongdoing for shooting a man five times with an anti-riot weapon, says Ontario's police watchdog.

The Special Investigations Unit (SIU) released its conclusions last week about the Oct. 15 incident that resulted in the man, 51, being treated in hospital with a shoulder laceration and broken collarbone. 

The SIU says it reviewed the scene, police car and 911 recordings, officer notes and training records and conducted interviews. The officer who fired the weapon declined to provide his notes or be interviewed, as is his legal right, the report notes.

The incident took place in the afternoon, when a sheriff went to a Brant Avenue home to issue an eviction notice to the man, says the SIU report. The man became angry and threatened the sheriff with an axe before barricading himself in the kitchen. 

The sheriff left and called police, the SIU says. The man also called police and said he believed "fake officers" were trying to illegally evict him.

Negotiations lasted 4 hours

Brantford police arrived at 2:30 p.m. and began negotiating with the man, who made death threats to the officers, says the SIU. The front door's dead bolt was removed and a hole cut in the door. Police could see a man inside holding an axe. He also had multiple knives.

"He was unreceptive to negotiations, which continued for about four hours," the report says. 

Eventually, one officer grabbed the man through the opening of the door and another officer forced the door open, the SIU says. 

The man "broke fee and retreated into his apartment," says the report. 

That's when one of the officers fired his anti-riot weapon, which shoots rubber bullets or bean bags and is a less lethal form of force than a gun, according to the SIU.

The man was transported to the hospital and police informed the SIU about the incident, as required when a weapon is fired at a person. 

The officer was within his right to fire the weapon, the report concludes.

"A lawful eviction order was in effect and the police were within their rights in seeking to execute it after the [man] made it clear he would not voluntarily vacate the apartment," says SIU director Joseph Martino in the report. 

"It was apparent, after four hours of negotiations and a struggle at the door, that he was not about to peacefully surrender into custody." 

He determined no criminal charges would be laid against the officer and closed the file.