MISSISSAUGA, ON, April 21 /CNW/ - The Director of the Special
Investigations Unit (SIU) Ian Scott has concluded that there are no reasonable
grounds to believe that an officer of the Leamington Police Services (LPS)
committed any criminal offence in relation to the gunshot injuries sustained
by a Leamington man in March of this year.
Five SIU investigators and two forensic investigators were assigned to
probe the circumstances of this incident.
The SIU investigation determined that at 3:55 p.m. on March 14, 2009 six
officers of the LPS went to Martin Drive to investigate a report of someone
being threatened by a man with a gun. When the officers arrived they located
70 year old Jose Calmeiro brandishing a rifle. The subject officer ordered him
to drop the rifle, but he would not do so. Instead, Mr. Calmeiro pointed the
rifle in the direction of the subject officer. The officer discharged his
firearm twice at Mr. Calmeiro, striking him once. Mr. Calmeiro was taken to
Leamington District Memorial Hospital where he was treated and released.
Director Scott said, "Pursuant to ss 25(3) of the Criminal Code, a peace
officer is justified in using lethal force against another if he/she believes
on reasonable grounds that it is necessary for his/her self-preservation.
Here, the subject officer had a reasonable belief that an operating firearm
was being pointed in his direction by an individual who was not complying with
his demands to drop the weapon. Accordingly, in my view, the subject officer
was justified in discharging his shotgun at Mr. Calmeiro, and I cannot form
any grounds that criminality attaches to his actions."
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