At approx. 11:02 am on December 2, 2013 (as per SIU) Inspector George Dmytruk (#155) from Durham Regional Police notified the SIU that there had been a police involved shooting, at that time the SIU invoked their mandate – which is to conduct independent investigations.

                Police Services Act 267/10 - Section 3 (Notice to SIU)

                A chief of police shall notify the SIU Immediately of an incident involving one or more of his or her police                                         officers that may reasonably be considered to fall within the investigative mandate of the SIU, as set out in                                       subsection 113 (5) of the Act.

      However, we feel that our experience clearly demonstrates that the investigation conducted by the SIU into Michael’s shooting death was not independent, impartial or unbiased.  And, we will endeavor to substantiate the following allegations in this detailed account of our own investigative findings & involvement with the SIU, OIPRD & DRP Service.      

  • The SIU & OIPRD overlooked DRP frustration of and interference with Michael’s medical care

  • With SIU knowledge, witnesses were taken by Durham Regional Police Officers to Durham Regional Police Station (in some cases in the rear seat of DRP marked cars)

    • These witnesses were at DRP Station hours before the SIU even arrived (Witnesses were taken to DRP station at approx. 11 am – SIU arrived at DRPS to take witness statements @ approx. 5 pm)

  • Jon Ansell (SIU Lead Investigator) held a media scrum shortly after he arrived on scene  – before any investigation was done – even before our family was notified that Michael had been shot

  • Notification of Michael’s shooting was NOT done by the SIU (as is listed on their own web page as part of their investigation) – but rather by DRP officers

  • Michael’s home was searched at approx. 2:30 pm by DRP without a warrant and with SIU investigators just around the corner

  • DRP (Homicide Detectives) came to St. Michael’s at approx. 2:30 pm, as Michael was in surgery – and, when the SIU interrupted, they left and allowed DRP to continue speaking with our family

  • On the morning of Dec. 3rd  DRP officers canvassed the streets around the area of the shooting looking for video and/or photos of the shooting – with SIU also on scene

  • That the final SIU decision that is NOT supported by “independent”, “undeniable” facts – although the SIU claim to have “very clear picture of what occurred”.

    • SIU claims the distance between Michael and the subject officer at the time the shot were fired was 5-7 feet – even the OIPRD claims distance was 10-30 feet

    • SIU claims that Michael was aggressive with and yelling at officer(s) “come at me” “come get me”

    • SIU claims the subject officer “issued police challenge” and Michael ignored it

 

  • SIU claim that Michael held a table leg in a threatening fashion, possibly like a baseball bat?

  • SIU claims that the officers administered immediate first aid

  • SIU claims that officers immediately had ambulance / EMS dispatched for Michael once he was shot – in fact, we were told that EMS was called for Michael even before he was shot

  • The SIU released their decision not to charge the officer (CST Brian Taylor) to the press before notifying Michael’s family

DRP Department and its Officers were far too involved in this investigation – we claim the SIU Investigation was neither “Independent” nor “unbiased”, that DRP interfered with the incident scene and in fact were more in charge of the scene than the SIU.  Also, that the SIU allowed this to happen – and that the conduct of DRP and their officers in the aftermath of the shooting (Post Offence Conduct) threatened the credibility of the SIU probe into Michael’s death.

 

In the 40 minutes from the time the shooting occurred until the time the SIU were notified

  • DRP had multiple officers assigned to the scene to assist   

  • the subject officer was transported back to 19th Division  

  • DRP Officers were dispatched to Michael and Marianne’s home

  • Additional DRP units were called in for traffic points

  • witnesses were removed from the scene and taken to DRP station

  • DRP Association was contacted on behalf of the subject officer (CST. Brian Taylor)

  • the 2 (CST. Mark Brown & CST. Jeff Williams) witness officers were removed from the scene and taken together to West Division

  • DRPO were assigned to maintain the crime scene (both interior and exterior)

  • DRP FIU (forensic identification unit) was requested to the scene,

  • DRP Chief and Deputy Chief were  notified of shooting

  • Inspector Ross in DRP Major Crime Unit was notified of shooting and also notified that DRP would be conducting a Section 11 investigation

  • DRP assigned two homicide detectives to assist with domestic assault investigation

  • Etc.

With the speed of modern technology – and the options available to DRP, we question why it took almost an hour to notify the SIU that there had been a police involved shooting.   Why was it more urgent to contact the DRP Association and dispatch DRP own forensic identification unit to the scene BEFORE notifying the SIU?

In addition to many complaints to the SIU, in March and April 2014 our family filed multiple complaints with the OIPRD