Hamilton police chief releases statement following fatal police-involved shooting, promises 'lines of communication' will remain open

A man died after beinng shot by police in Hamilton on Nov. 9. (Andrew Collins/CTV News Toronto)

Hamilton’s police chief is looking to set the record straight on several “factual inaccuracies” that he says have been circulating regarding the fatal police-involved shooting of a 43-year-old father of three in the city over the weekend.

In a statement released on Wednesday, Chief Frank Bergen offered his condolences to the family of Erixon Kabera as well as the Rwandan community.

Bergen then spoke to “recent information circulating regarding this incident,” specifically the shootout between the man and two police officers that the province’s Special Investigations Unit (SIU) said had initially occurred.

“At no time did Hamilton Police release any information related to an exchange of gunfire. All information issued after this initial post has been released by the SIU as part of their ongoing investigation,” he said, adding that Hamilton police did not identify the person officers had an interaction with.

On Nov. 10, more than 24 hours after its first release, the SIU issued an update, which stated it did “not appear” that Kabera had fired a gun during the incident.

The following day, spokesperson Monica Hudon told CP24.com that SIU investigators collected a replica firearm from the scene and firearms from the two subject officials.

“It is important to us, and to our commitment to transparency, that the facts are accurately shared with the public,” Bergen said on Wednesday morning.

“This investigation is ongoing, and there are limited facts I can share at this time as the SIU is the agency investigating the circumstances surrounding the events of November 9. Once SIU invokes its mandate, information is released to the public by the SIU.”

Bergen re-affirmed the incident occurred after a building resident called police after a male who was believed to be in possession of a handgun showed up at their door.

He also pointed to a social media post HPS released on the night of the shooting, which noted that “an officer was injured after responding to a 911 call, where he was confronted by a male with a firearm.”

“I know there are many unanswered questions and I trust the SIU will work to address these in a full, timely, transparent manner,” Bergen said, adding that he’s been in touch with the Rwandan community and “made ourselves available to meet when the community is ready.”

“While I won’t be able to share details about what took place, I want to ensure the community the lines of communication remain open.”

Bergen’s statement comes the day before the Rwandan-Canadian community of Hamilton holds a vigil and peaceful march in Kabera’s honour. The gathering is set to get underway at 6 p.m. outside Hamilton City Hall.

‘Deeply outrageous and unnerving’

The man’s family spoke out earlier this week about what they described as the “police’s portrayal” of the incident.

“We, his family and close friends, found this explanation deeply troubling. Erixon was not known to possess a gun, nor did he have a history of condoning or engaging in any type of violence. He was a peaceful man who valued harmony and community, making this claim profoundly difficult to reconcile with the person we knew and loved,” they said in a written statement.

Kabera’s family said the SIU’s “reversal of crucial facts” is “deeply outrageous and unnerving.”

“As we grieve this senseless loss, we respectfully ask for transparency and accountability from the authorities. Whether it’s police bodycam footage, surveillance videos from the building or any other pieces of evidence, we want to know details of the altercation so that we can understand the truth of what happened in Erixon’s final moments,” they said.

“Our family deserves answers, clarity and peace, and we stand firm in our belief that Erixon was not armed, nor would he act in a way that would justify this result.

“Erixon Kabera was a remarkable man whose life was dedicated to love, service, and compassion. We miss him deeply, and we seek only the truth to honor his memory.”

Kabera, who was also known as Gentil, was very involved in the Rwandan community, which is also speaking out about his death.

Alphonse Barikage, president of the Rwandan Community Abroad (RCA) in Toronto, told CP24.com that the community is “hurting and devastated.”

“We were shocked to hear that he died,” he said, adding that Kabera will be “fondly remembered for his exemplary sense of service and community, always first to respond when someone in the community needed support.”

“Hearing that (Erixon) died in a shoot out with police has made the community question the first version of the story presented by the authorities. That is so out of character for this gentle soul that the community is asking for full transparency and accountability.”

Kabera served as the organization’s vice-president from 2018 to 2022.

The Rwandan Canadian Healing Centre (RCHC), where Kabera was as a “cherished advisory board member,” has also issued a statement.

“Mr. Kabera was unjustifiably shot and killed by officers of the Hamilton Police Service at his apartment on Nov. 9, 2024. Initial incorrect police reports claimed that he was armed, but further investigations reversed them a day later,” they wrote.

“The original false reports were egregiously inconsistent with the character of our board advisor. Mr. Kabera was a dedicated member of our organization for close to 10 years. Honesty, kindness, effortless infectious laughter and compassion characterized him.”

The centre is calling for a “full and transparent investigation into events” leading up to the death of Kabera, whom they described as a “leader dedicated to uplifting his community.”

The Rwandan Canadian Healing Centre said that it will be setting up a memorial fund to honour Kabera’s legacy and his “service to our community.”

Hamilton Centre MP Matthew Green along with Hamilton Centre MPP Sara Jama and Kojo Damptey, a McMaster session instructor and community member, have also written a letter demanding answers about Kabera’s death.

“Reports initially released by the Hamilton Police Service that suggested Erixon had exchanged gun fire with police at his time of death have been proven false, according to information released by the province’s Special Investigations Unit. Reports of ‘suspicious activity’ in the area prior to his death also appear to be questionable and racially loaded,” they wrote.

“There are so many unanswered questions that must be addressed in a full, timely, and transparent manner: Why did the Chief of Police allow false information to be released about Erixon carrying a weapon? Why was the Chief of Police so quick to highlight the gun-related injuries to his officers, when according to the SIU report, Erixon did not shoot at police? Why won’t video footage from the hallways where this incident took place be released to the family? Why did Erixon’s family and sons first find out about his death from an online post from HPS? What ‘suspicious activity in the neighbourhood’ led to Erixon’s violent death in his own home? Why won’t the names of the officers who killed Erixon be released to the public?”

In his statement, Bergen said that while there are “many unanswered questions” about the incident he trusts the SIU will work to address them in a “full, timely, transparent manner.”