Charges dropped against Innisfil man whose twin was fatally shot by police

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The Crown has dropped all criminal charges against 20-year-old Dylan Hatton, an Innisfil man who was shot by South Simcoe police during an arrest at the Hatton family home last August, resulting in the fatal shooting of his twin brother Liam.

Dylan was initially charged by the OPP in December with assault causing bodily harm, assault with a weapon and four counts of assaulting a police officer, along with dangerous driving. The charges stemmed from a violent interaction following a call for help on August 15, 2024, at the family’s Shoreview Drive home.

In his address to the court, Crown Attorney Sonny Dudani, said the Crown’s office takes the position that the OPP, at all times, “retained reasonable and probable grounds when arresting” Dylan, but noted the presence of triable issues in conjunction with competing public interest considerations that would prevent the Crown from being able to prove the case beyond a reasonable doubt” and withdrew the remaining charges against Hatton.

“I am pleased the charges against Dylan Hatton have finally been withdrawn,” said defence lawyer Adam Weisberg. “There was no possible route to find Mr. Hatton guilty of any of these offences against the police.”

Two counts related to allegations the man assaulted his father, prompting the 911 call, were withdrawn by the Crown earlier this year.

The Special Investigations Unit (SIU) cleared South Simcoe police of criminal wrongdoing in the arrest and fatal shooting. The SIU concluded in December the actions of police were legally justified as it detailed the series of events that led to the twin brothers being shot by police following a call for help for the alleged assault by the twins of their father.

According to the SIU, the twin brothers were in an SUV on the driveway and refused to come out. When the vehicle moved towards an officer, he fired shots, hitting Liam in the head. The police watchdog determined the officer used reasonable force.

The SIU revealed Dylan Hatton then put the vehicle in reverse and was shot by three officers in the chest, arms and face. He was rushed to a trauma centre for treatment.

“On my review of the bodycam footage, which was inconsistent with the police notes, it was clear that Mr. Hatton should never have been shot by police,” said Weisberg.

SIU investigators said the gunfire on Dylan was “less easily reconciled as reasonable” based on the evidence collected, noting the actions of the three officers were not unjustified when faced with the “very real possibility” of being run over by Dylan that day.

He was charged months later following an OPP investigation weeks after the SIU cleared officers of criminal wrongdoing.

“Mr. Hatton should never have been charged by police. This entire case is a tragedy,” said his lawyer.

The Hatton family has not commented further on the incident.

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