TORONTO, Jan. 15 /CNW/ - The Deputy Director of the Special
Investigations Unit (SIU) has concluded that there are no reasonable grounds
to believe that a Durham Regional Police Service (DRPS) officer committed any
criminal offence in relation to the death of an Oshawa man on November 29,
On November 29, 2008 in the late afternoon the Kelly family were at their
Glen Street, Oshawa home. All of a sudden 47-year-old Gino Petralia kicked in
the front door and entered the home. Mr. Petralia started to physically
assault Richard Kelly. Mr. Petralia then pulled a knife and stabbed Mr. Kelly
a number of times. Mr. Petralia proceeded to attack Mr. Kelly's wife, Leslie
Kelly, and two of their sons. Mrs. Kelly attempted to defend herself and her
family with a hammer she retrieved from the kitchen counter. Sometime during
this horrific attack Mrs. Kelly was able to make a 9-1-1 call to police. The
DRPS dispatched a number of officers to the call.
Mr. Kelly managed to dispossess Mr. Petralia of the knife and ran outside
to speak with an officer whose cruiser was just pulling up. He told the
officer what had happened and that Mr. Petralia was still in the home. As the
officer approached the home Mr. Petralia came out the door. Mr. Petralia was
now armed with the hammer he had removed from Mrs. Kelly. Mr. Petralia raised
the hammer and advanced toward the officer. The officer repeatedly told Mr.
Petralia to drop the hammer. Mr. Petralia ignored the officer and walked away.
Mr. Petralia forced his way into another unit in the townhouse complex.
The officer followed Mr. Petralia inside and continued to yell at him to drop
the hammer. Mr. Petralia ignored the officer and advanced on a man that was
inside the unit. The officer discharged his service pistol fatally wounding
Mr. Petralia as Mr. Petralia started to swing the hammer at the man.
The SIU assigned six investigators along with two forensic identification
investigators to investigate the circumstances surrounding this incident.
The Deputy Director of the SIU James Cornish has determined that there
are no reasonable grounds to believe that the DRPS officer who shot Mr.
Petralia committed any criminal offence. Mr. Cornish said, "It is clear that
Mr. Petralia was bent on murder that day and unfortunately he carried out his
intent. Mr. and Mrs. Kelly lost their lives, as did one of their young sons,
despite the best efforts of these parents to protect their family. Had it not
been for the actions of the DRPS officer more people would have been hurt if
not killed. I believe the use of deadly force was legally justified in this
situation and this tragic case is closed."
The SIU is a civilian agency that investigates cases of serious injuries
(including allegations of sexual assault) and deaths involving the police.
Pursuant to section 113 of the Police Services Act, the Director of the SIU is
mandated to consider whether a criminal offence has been committed by an
officer(s) in connection with the incident under investigation and, where
warranted by the evidence, to cause a criminal charge or charges to be laid
against the officer(s). The Director reports the results of investigations to
the Attorney General.
For further information:
For further information: Frank Phillips, SIU Communications/Service des
communications, UES, Telephone/No de telephone: (416) 622-2342 or/ou
1-800-787-8529 extension 2342