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No Criminal Charges For Cops Who Fatally Shot Man: SIU

09/22/2010  | CityNews.ca Staff

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There will be no criminal charges for two Toronto Police officers who fatally shot a man, the province’s Special Investigations Unit said Wednesday.

Wieslaw Duda, 49, was killed on April 19, 2010.

“Peace officers are justified in using deadly force” in many situations, SIU director Ian Scott said in a press release.

“If they are assisting in arresting a person for a serious offence, the person takes flight, they believe on reasonable grounds that it is necessary for the purpose of protecting anyone from imminent or future death, and the flight could not be prevented by reasonable means in a less violent manner,” Scott continued.

Duda has been involved in a police chase that began on Queen Street East near Woodbine Avenue and ended at Cherry and Commissioners streets.

A witness reported that Duda had been swerving all over the road on Queen. An officer later saw the same car travelling at a high speed on Kingston Road. That officer activated his lights and siren and pursued Duda.

He gave up the chase at Leslie Street and Lakeshore Road at the request of his supervisor.

Two officers who were originally dispatched to locate Duda reported that he had just hit their cruiser with his car when they tried to stop him.

Three officers then parked two cruisers in the intersection of Cherry and Commissioners streets, and exited their vehicles. One officer had a shot gun.

The SIU reports that several officers, with their pistols unholstered, then shouted at Duda to get out of the car. Instead, Duda drove towards them.

Duda hit one of the officers. The officer was propelled onto the car and cracked the windshield. It looked like the officer was pinned between Duda’s car and a crusier.

Then, several officers opened fire. In total, 32 rounds were fired and Duda was hit five times.

“The subject officers had witnessed Mr. Duda make a seemingly deliberate attempt to run over another officer in an attempt to escape lawful custody after a lengthy and dangerous suspect apprehension pursuit,” Scott said.

“Accordingly, I am of the view that the subject officers were justified in using lethal force in these circumstances.”

 
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