Police cleared in man’s shooting death in northwestern Ont.

The knives used by the man when he rushed at police, leading to the fatal shooting.

The Nishnawbe Aski Police Service has been cleared in a fatal shooting that took place July 22 when they tried to arrest a man at a home on Deer Lake First Nation.

“The complainant ran from the residence, lit himself on fire after pouring lighter fluid on himself, and rushed at the officers holding two knives,” said the investigation by the Special Investigations Unit.

“The officers reported that shots had been fired. The complainant was reportedly on scene and first aid was being administered.”

In his incident narrative, SIU director Joseph Martino said when police arrived, the man had just woken up and was in bed with his partner when there was a knock on the door.

“The complainant appeared at the door and stepped onto the raised porch on the east side of the house,” Martino wrote in his report.

Wanted to put his shoes on

“The officers advised the complainant he was under arrest because of the warrants and domestic assault. The (officer) turned him around and was attempting to handcuff him behind the back when the complainant re-opened the door and stepped inside, telling the officers he wanted to put his shoes on.”

He was allowed to go back inside, but emerged moments later carrying two knives, forcing police to back up. They told him to drop the knives, that “they could deal with this and this was not a big deal,” the report said.

The officer pointed a stun gun at the man, who again retreated back inside the home. He came out a short time later holding a container of lighter fluid. A woman’s voice could be heard from inside the home saying, “Just stop it!”

The man poured the lighter fluid on himself, while shouting, “Taze me!”

As police “implored” him to stop, the man kept going in and out of the home, pouring more lighter fluid on himself as he did.

“On the last of these occasions, the complainant emerged from the residence and, holding two knives with his shirt engulfed in flames, rushed down the ramp in the direction of the (police officer),” the report said.

The man was ordered to stop as he moved toward the officer, who moved backwards as the man rushed him, on fire and holding the knives.

Fired five shots

“The complainant had just cleared the ramp and was at ground level when the (officer) fired five shots in quick succession,” Martino wrote.

The time was 1:07 p.m.

“The complainant was felled by the shots,” the SIU said.

“He collapsed onto his back about a metre south of the rear driver corner of the pickup truck.”

He was pronounced dead a short time later at a nearby nursing station.

In his decision, Martino said there was no evidence that police committed an offence. Officers are allowed to use force when faced with an imminent threat to protect themselves.

Imminent threat

“The complainant advancing on the (officer) with knives in his possession, weapons capable of inflicting death or grievous bodily harm, to within a few metres of the officer when he started to fire his semi-automatic pistol,” he wrote.

“The evidence suggests he was determined to avoid going to jail. He also harboured ill will towards the police for the death of a relative in the course of an incident with police, and had apparently talked about provoking a similar confrontation with police by threatening them with a knife.”

He had made himself “an imminent and lethal” threat to the officer. While they could have used a stun gun earlier in the confrontation, Martino said he could not fault police for “choosing instead to continue with their efforts to de-escalate the situation through verbal communication.”

When the police officer shot and killed the man, they were facing an imminent threat to their lives.

“No shots were fired after the complainant was on the ground and no longer a threat,” Martino said.

“For the foregoing reasons, there is no basis for proceeding with criminal charges in this case.”

Read the full decision here.