Three men are free after a Toronto judge determined police were the only ones pulling the trigger during what they called a gunfight.
In a 45-page ruling handed down Friday, Justice Ian Nordheimer expressed his skepticism of the police version of events.
The judge found Donel George, 22, Kellon Felix, 21, and Levar Tyrell, 23, not guilty of all gun-related charges.
In May, 2005, Constables Benjamin Beard and Ricardo Gomez pulled over a car on Eglinton Avenue West because the rear window was missing and replaced with plastic.
Gomez testified he smelled marijuana when he walked up to the driver's side of the car and Tyrell opened the window.
Beard, standing on the passenger side, said he recognized a man in the back seat and took him into custody on suspicion that he had broken the terms of his bail by smoking marijuana.
With one man in custody, police went back and asked George to get out. Gomez testified he saw what appeared to be the barrel of a gun between Felix's legs, who was sitting in the backseat.
The officers drew their weapons and Felix apparently raised his arm while holding the gun, according to court testimony.
Police opened fire and the car sped off. The vehicle stopped a short distance away and the three men fled on foot.
But the police version of events was not enough to convince Nordheimer, who said there were "problems with the evidence of officers Gomez and Beard," the Toronto Star reported.
The judge added there was "no forensic evidence" that showed shots were fired by anyone but the officers. No other gun, bullets or casings were found, Nordheimer said.
The men were cleared of the charges, elating family members in the courtroom. Lawyers for the three men have called for police to reopen their investigation of how police handled the situation that night.
Toronto police spokesperson Mark Pugash told the Star that Nordheimer's ruling will be "looked at very closely."
"We take matters like this very seriously," Pugash added.
With files from The Canadian Press
