Toronto Police Officer Faces Criminal Charges in Connection with Park Shooting

A Toronto police officer is facing criminal charges after a new Toronto police report revealed that he “failed to utilize appropriate de-escalation tactics” and “discharged his firearm when it was not justified to do so” during the shooting of a 31-year-old man in a city park last February.

The report, which was presented to the Toronto Police Services Board at Thursday’s meeting, provides the findings of an administrative investigation into the shooting of Devon Fowlin on February 27, 2023.

On that day, a concerned citizen approached the 12 Division police station to report an armed male in a parkette near Black Creek and Thretheway drives. Upon receiving the report, multiple uniformed officers, including Constable Andrew Davis, were dispatched to the area.

Upon their arrival, the officers encountered Fowlin, who appeared agitated and had a large knife concealed in a sheath on his belt. The officers instructed Fowlin to get on the ground, but he refused and began walking backward into the empty park.

Two officers attempted to use conducted energy weapons (C.E.W.), but they were ineffective due to Fowlin’s heavy clothing. Fowlin then took out the knife and held it in his hand, ignoring orders to drop the weapon.

At this point, Davis, who was approximately 15 meters away, discharged two shots from his service-issued pistol, striking Fowlin. Fowlin then turned away from the officers and ran, but he was pursued on foot, subdued, and handcuffed. He was later taken to Sunnybrook Health Sciences Centre for treatment of two gunshot wounds and a deep neck laceration.

The report concludes that Constable Davis used unnecessary force and discharged his firearm when there was no risk of bodily harm or death to any officer or member of the public. Davis has been charged with aggravated assault and discharging a firearm with intent to maim, wound, disfigure, or endanger life. These charges are yet to be tested in court.

The Toronto Police Services report also states that Constable Davis will face a police tribunal once the criminal proceedings are concluded. Another officer, who is accused of failing to use appropriate de-escalation tactics, will also face misconduct allegations in a police tribunal hearing. The investigation found that two other officers who responded to the incident were not in compliance with applicable provincial legislation and Toronto police procedures, and their matters were handled at the unit level.

In response to the report, David Shellnutt, the lawyer representing Fowlin, highlighted the lasting harm caused by police violence and the need for alternative non-police responses. Shellnutt expressed concerns about the practice of needlessly escalating encounters and the limited disability support available to victims of police violence.