Officer who shot man at Toronto park 'not justified' in discharging firearm, new TPS report says

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

The report, which is being presented to the Toronto Police Services Board at Thursday’s meeting, outlines the findings of an administrative investigation into the shooting of Devon Fowlin, who sustained two gunshot wounds after an interaction with police on Feb. 27, 2023.

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According to the report, a concerned citizen came to the front desk of the 12 Division police station shortly before 8 a.m. that day to report a male that was armed with a knife at a parkette across the street, located near Black Creek and Thretheway drives.

Numerous uniformed officers were dispatched to the area where the man was last seen, including Const. Andrew Davis, who was on his way to a paid duty assignment but stopped to assist, the report states.

Officers encountered the man as soon as they pulled into the parking lot, noting that he appeared agitated and had a large knife concealed in a sheath on his belt, the report continues.

The officers directed the man, who was later identified as Fowlin, to get on the ground, according to the report. Two officers immediately drew conducted energy weapons (C.E.W) while Davis drew his service issued pistol.

The report states that Fowlin did not comply and began to walk backward away from the officers into the park, which was empty at the time of the incident.

Two officers discharged their C.E.W.s but they were ineffective due to the “heavy clothing” Fowlin was wearing, the report notes.

According to report, Fowlin took out the knife, held it in his hand, and refused to comply with the orders to drop the weapon.

When he raised the knife to his throat and began harming himself, Davis, who was approximately 15 metres away, discharged two shots from his pistol, striking Fowlin, the report states.

At that point, Fowlin turned away from the officers and ran but the officers pursued him on foot, subdued him, and placed the wounded man in handcuffs, the report continues.

He was later rushed to Sunnybrook Health Sciences Centre to be treated for two gunshot wounds and a deep laceration to his neck.

“Constable Davis used unnecessary force against the Complainant when he discharged his firearm when there was no risk of bodily harm or death to any officer or member of the public,” the report read.

Davis was previously charged with aggravated assault and discharging a firearm with intent to maim, wound, disfigure, or endanger life, following an investigation by the province’s police watchdog. The charges against the officer have not yet been tested in court.

The TPS report indicates that the officer will now face a police tribunal when the criminal proceedings have concluded. A second officer, who is also accused of failing to use appropriate de-escalation tactics, is facing misconduct allegations that will go to a police tribunal hearing. The investigation determined that two other officers who responded to the incident were not in compliance with applicable provincial legislation regarding the Standards of Conduct and relevant Toronto police procedures. Those matters were handled at the unit level.

In a statement following the release of the report, David Shellnutt, the lawyer representing Fowlin, said his client continues to struggle with injury and trauma following the incident.

"At a time when police are requesting more funding, this report highlights their practice of needlessly escalating encounters and causing lasting harm," Shellnutt said in a written statement.

"While Mr. Fowlin waits for accountability, he is struggling to access the sparse disability supports the province offers. The cost of police violence is too high, the harm is too regular, and alternative non-police responses are long overdue."