Killing of Hamilton man Erixon Kabera raises questions about policing and oversight
CBC
The Special Investigations Unit's (SIU) decision not to charge two Hamilton police officers who killed Erixon Kabera in November was not surprising to some experts, who are raising concerns over the police response and limits of the SIU's mandate.
Dave Shellnutt, a lawyer who has represented people in cases where police force was used, told CBC Hamilton the officers who responded to the scene appeared to be either "inexperienced or unprepared," while a former police officer also questioned why more units weren't dispatched to the scene.
Kabera was killed in November after two Hamilton Police Service (HPS) officers fired 24 shots at him, striking him eight times. The SIU report clearing the officers was released on June 6.
According to the SIU, Kabera was holding a replica firearm resembling a semi-automatic pistol, which he pointed at officers. SIU director Joseph Martino said the officers did not commit a criminal offence.
The report doesn't mention Kabera, referring to him as "the complainant."
"The officers honestly believed they were looking at an actual gun in the complainant's possession. Though mistaken, their misapprehension was a reasonable one," said Martino in the report.
CBC spoke with several experts who were not involved directly with the case, asking them to review the SIU report. They included a lawyer, a police oversight researcher and a former police officer.
The SIU report said after Kabera pointed the replica at police in his apartment hallway, one officer fired eight rounds while backing away and fell, losing her gun, according to the report. Kabera kept walking forward. Then the second officer shot six to eight more rounds, while Kabera "remained unfazed."
The second officer also fell. The first officer fired her Taser at Kabera, which the report says, did not affect him, and he continued to advance toward the officers. The second officer fired seven to eight shots after replacing his magazine, that's when Kabera "collapsed and landed on his back."
"In that hail of gunfire, they hit [Kabera], and miraculously they don't hit or injure anybody else," said Shellnutt, the lawyer, adding the gunfire "put the entire building at risk."
Wilfrid Laurier University public safety assistant professor, Jen Magnus, who is also a former Calgary police officer and Grande Prairie Police Service instructor, told CBC Hamilton it's hard to know from the report how the officers themselves feel about their actions.
"I'm sure no one's harder on themselves than these two officers, just judging what they did and the decisions they made that day," she said. "It's just a horrible experience for everyone involved."
Magnus said in her view, the officers acted appropriately under pressure, but questioned how the police response was handled.
According to the SIU report, police were initially called to the building where Kabera lived on Main Street W. when a neighbour called the non-emergency police line to report a man with a gun had been at their front door 15 minutes prior.
The architect of Alberta's politician recall legislation says it was never meant to be used as a political weapon, but as an "ultimate tool of accountability" if a politician engages in illegal or unethical behaviour.
The Government of Saskatchewan has introduced its long-promised involuntary treatment legislation on the final day of the fall sitting.
The Law Society of Ontario has suspended the licence of Deepak Paradkar, one of seven Canadians arrested in connection with alleged drug lord Ryan Wedding’s cocaine smuggling ring.
London Health Sciences Centre (LHSC) is getting rid of unlimited mental health benefits for staff, blaming ballooning costs and former administrators for implementing it without proper due diligence or oversight.
Netflix has agreed to buy Warner Bros. Discovery's TV and film studios and streaming division for $72 billion US, a deal that would hand control of one of Hollywood's most prized and oldest assets to the streaming pioneer that has upended the media industry.
CBC Calgary kicks off its annual Make the Season Kind campaign this morning at Fratello Coffee Roasters.
CBC Newfoundland and Labrador is kicking off its annual holiday campaign, helping to raise money to support local food banks.
If all goes according to plan, at 6 a.m. AT on Saturday people working at the IWK Health Centre will become the test case for a generational change to Nova Scotia’s health-care system.
One month after Prime Minister Mark Carney announced what he called "generational" military spending, New Brunswick’s defence ecosystem is on high alert.
Miranda Mirlycourtois, 34, looks directly at the camera and makes a confession.
Saskatoon city hall says police spending is projected to be $2.6 million over budget this year. That pushes the city into a $1.2-million deficit position, according to a report that will be considered by city council next week.
Students at the University of Regina are days away from deciding whether a newly formed student association should become their official representative body.
All public schools on P.E.I. are closed Friday and thousands of Maritime Electric customers are without power as strong winds create hazardous travel conditions across the province.