THUNDER BAY – The province's Special Investigations Unit has cleared a Thunder Bay police officer who fired five rounds from an anti-riot weapon at a 42-year-old man.
On March 1, a GardaWorld security officer called 911 to report that he saw a man lying on the ground with what appeared to be a gun in his pocket.
Police officers were dispatched to the Thunder Centre where a man who “looked intoxicated” threatened to shoot them.
According to the SIU, the man was on his knees with the gun pointed in the direction of the police officers. He was waving the gun around and slowly crawling towards the officers.
The police officer was “80 per cent positive” the man had an air gun, the report said. The officer shot at his back while he was looking away from them, but the anti-riot shots were not effective.
Three rounds struck the man's back and shoulder, but he did not drop or react. When the man was on his back with the gun pointed straight up, police told him to drop the weapon and he complied.
A police dog was released and bit the man’s leg. The police officers then took the man into custody.
The man was taken to hospital after his arrest. He had bruising as a result of being struck by the less-lethal projectiles. It is unknown whether he suffered any serious injuries, the report said.
The SIU initiated an investigation and found there were no reasonable grounds to believe the Thunder Bay police officer committed a criminal offence in connection with the discharge of his firearm.
According to the SIU, while the man was in possession of an air pistol, police could not have been certain of the fact that it was not real – and they were entitled to proceed on the basis that it was a real gun.
