Actions of Toronto officer who returned fire after suspect shot at police dog were justified: SIU

Police stand outside a home in Etobicoke where a murder suspect was arrested after a pursuit. (CP24/Mike Nguyen)

The actions of a Toronto police officer who returned fire after a homicide suspect shot at a police dog that was assisting in locating him in Etobicoke last summer were justified, the province’s police watchdog has found.

Special Investigations Unit (SIU) Director Joseph Martino said in his report into the July 25 shooting that occurred in the area of Kipling Avenue and Dixon Road that the officer, designated as the subject official (SO), fired his weapon to repel the attack by the suspect, a 44-year-old man referred to as the complainant.

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“The Complainant had just fired a gun with the officers and police dog at close quarters. The SO could only have concluded that the Complainant was either firing at the officers and/or the dog and that defensive force was necessary to preserve themselves,” Martino wrote in the report issued Wednesday.

As a result, the director concluded that there were no reasonable grounds to believe that the officer committed a criminal offence in the shooting.

The incident began at an apartment building, where officers had arrived to locate and apprehend the 44-year-old as he was wanted in connection with the killing of another man in an Etobicoke apartment the day before.

Shortly after, the man was seen coming out of the building and onto the parking lot. At that point, police called for a “takedown,” the SIU said.

When one officer positioned his van behind the man’s BMW and exited, he noticed it and hid on the side of his vehicle. He then pulled out a gun, turned toward the officer and fired two rounds.

The SIU said the officer quickly moved to find cover and was not struck by gunfire.

The man then started running away, jumping into nearby yards, and a chase ensued. Police established a perimeter and called in additional resources, including a police service dog.

Accompanied by two Emergency Task Force (ETF) officers, the police dog, which would later be identified as a two-year-old German Shepherd named Bingo, and his police handler began the search for the suspect.

The canine tracked the man in a backyard on Kingsview Boulevard and subsequently entered a brush in the southeast corner.

“Within seconds of doing so, gunfire rang out,” the SIU said. “The Complainant, his back against the rear fence of the southern border of the property line, had fired his weapon – a Glock 22 – at the dog.”

One of the ETF officers, who is the SO and positioned several metres away, returned fire, discharging six rounds. The man was struck in his right buttock.

The SIU said the complainant shortly dropped the gun and was arrested. At the same time, Bingo’s partner immediately came to the dog’s aid.

“I need a medic here. My dog is down,” the officer was heard saying in his body-worn footage that the SIU collected as evidence. He then picked the canine up and carried him towards the fence. The dog was later pronounced dead.

Officers say Bingo, a Toronto police dog, was shot and killed by a suspect in Etobicoke on Tuesday night. (Toronto Police Dog Services/ Facebook)

In his analysis, SIU Director Martino said the SO’s choice to use his C8 rifle during the incident was reasonable given the circumstances.

“The officers were under lethal assault at the time, and it was necessary to neutralize the threat as soon as possible to prevent grievous bodily harm or death. The only weapon with the immediate stopping power required of the moment was a firearm,” he said.

On the number of shots discharged in rapid succession, Martino wrote: “I am satisfied the officer would have reasonably apprehended a mortal threat throughout the gunfire. Indeed, it appears that some of the SO’s shots may have been discharged as the Complainant was still firing his weapon.”

Last September, a procession and memorial service was held for the dog killed in the line of duty. Bingo and his partner, Sgt. Brandon Smith, had been on duty together for about six months after completing an extensive training program.

During the service, Smith said he and Bingo “developed a bond that was deeper than having a pet.”