Oakville Beaver, 23 Apr 2015, p. 10

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www.insideHALTON.com | OAKVILLE BEAVER | Thursday, April 23, 2015 | 10 Officer won't be charged in connection to shooting by David Lea Oakville Beaver Staff Ontario's Special Investigations Unit (SIU) announced last Friday that a Halton police officer will not be charged in connection with the shooting death of a 41-year-old man, which occurred at Oakville's Monte Carlo Inn in the early morning on Oct. 17 last year. The arms-length agency that investigates police activity where someone is seriously hurt or killed also confirmed the deceased was unarmed at the time of the shooting. SIU Director Tony Loparco said the incident began at 5:30 a.m. when the subject officer responded to a call at the 374 South Service Rd. E. inn concerning a suicidal man. Loparco said the 41-year-old man, who was staying at the inn, contacted police himself stating he was armed with a knife and a gun, and wanted to kill himself. When the officer arrived at the inn he quickly realized a man standing behind the front desk was the person he was looking for. Concerned the individual might be armed, Loparco said the officer drew his firearm and ordered the man to show his hands. The man refused to remove his right hand Great Family DininG For over 40 years! Out Mom take akfast... y re for b thers Da Mo n e Op -3pm 8am Visit our new location today! 2420 Lakeshore rd., W. unit 1112, Oakville Breakfast · Lunch · Dinner Breakf 905-827-4851 Mon. - Sat. 8am - 9pm Sun. 8am - 3pm from under the left side of his jacket and instead yelled at the officer to shoot him. The officer, who at this point had been joined by a second member of the Halton police, backed up a few steps and continued to shout at the individual to show his hands. Loparco said the confrontation came to an end when the subject officer fired his weapon several times after the individual ran at him with his hands now raised above his head. The 41-year-old was struck several times in the torso, fell to the ground and was handcuffed. The man was found not to be armed, said the SIU director. The other officer started CPR as they waited for the ambulance. The 41-year-old died at Hamilton General Hospital a short time later. Loparco said he was satisfied the subject officer's conduct was authorized pursuant to Section 34 of the Criminal Code, which deals with force used in the defence of oneself or others. "He had reason to believe that the person he engaged in the hotel's front lobby was the suicidal male because the man identified himself to the officer as such. He also had reason to believe the man was armed with a knife or gun as indicated by the man in his 911 call to police," said Loparco. "It would have also become quickly apparent to the officer that the man was intent on a violent confrontation with the police. He refused to show his right hand, which he kept concealed inside his jacket, and instead repeatedly yelled at the officers to shoot him. These were confined quarters and events were unfolding quickly. "It was only about 40 seconds from the subject officer's arrival in the lobby until the moment shots were fired. Retreat from the lobby altogether was not an option given the officers' legitimate concerns for the safety of other hotel patrons and staff. In the circumstances, I am satisfied that the officer acted reasonably in shooting the man, as the man was no more than 4.5 metres away from the officer when he ran at him," he said. Loparco went on to note that given the tension that prevailed at the time, and the rapid and dynamic series of events that led up to the shooting, it would be asking too much of the officer that he refrain from taking action until such time as he was assured that the man was armed. During the investigation the SIU assigned eight investigators and three forensic investigators to probe the circumstances of this incident. As part of the investigation, seven witness officers and five civilian witnesses were interviewed. The subject officer consented to an interview with the SIU and provided a copy of his duty notes. Video footage of the relevant events was also reviewed. At the family's request the man's name was not released to the public. n O o p w en You are invited to attend a tribute in honour of our late friend. Celebrating the life of Max Khan In Collaboration with the Town of Oakville. Sponsored by World Islamic Mission Canada & Masjid Noor-UL-Haram Ground Breaking Ceremony of Masjid Noor-UL-Haram - 2478 Ninth Line, Oakville - Saturday April 25 - 5PM Annual Youth Conference - Path of Enlightenment - Living Arts Centre - Mississauga - Sunday April 26 - 1:30PM 23rd Annual Meelad Conference - Living Arts Centre - Mississauga - Sunday April 26 - 4PM For more information, please call 905-257-1342 or visit www.wimcanada.com

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