Both officers fired guns at man killed by Hamilton cops, SIU says

Both of the Hamilton police officers under investigation by the Special Investigations Unit in the shooting death of a Hamilton man Friday fired their weapons at the scene where he died, the SIU says.

SIU spokesperson Monica Hudon told CBC Hamilton that two "subject officers" are being investigated in the case. "A subject officer is defined as the police officer whose conduct may have caused the serious injury or death under investigation," she said. "A witness officer is a police officer who is involved in the incident in some capacity, but is not the subject officer."

When asked if that meant that both officers fired their guns, Hudon said, "in this case, yes."

'Being public servants and police officers, I feel they should be held to a higher standard and be required by law to testify and provide full disclosure.' —Geoff Smith, friend

Little information has surfaced about the confrontation that ultimately led to the man's death. His name is being withheld at the request of his family. Neither Hamilton police nor the SIU will say if he was armed.

Officers were called about the man wandering in traffic on the Linc just after 9 a.m. Friday. When police arrived, he fled into a wooded area to the south of the intersection and officers followed. There was a confrontation, Hamilton police said, and the man was shot "multiple times," according to an SIU press release. Friends and neighbours say he died just steps from his home.

Officers not yet interviewed, SIU says

The SIU has not yet spoken to the officers involved, Hudon says. "This is not to suggest that they may not speak to us as this investigation unfolds," she said. "We know from experience that many subject officers do in fact submit to an interview during an investigation, and I believe this is being discussed for this case."

Witness officers have no choice but to speak to the SIU, she says. Subject officers "enjoy the right to remain silent, like any other subject of a criminal investigation," she added.

Geoff Smith, a longtime friend of the man who died, says he believes officers have an obligation to explain what happened.

"If they were everyday citizens they would have the right to say nothing," he said. "But being public servants and police officers, I feel they should be held to a higher standard and be required by law to testify and provide full disclosure."

"[Otherwise] that leaves way too much latitude in our policing as they are in a position of authority, allowed to carry firearms and trained to use them appropriately."

Neither police nor the SIU will give the names of the officers involved unless criminal charges are laid.

The man who was shot owned a number of guns, but was a registered owner and has no history with police, Smith said.

Man checked himself into St. Joes

Smith says the man had been dealing with an anxiety problem, and was undergoing a voluntary psychiatric assessment at St. Joseph's Healthcare. The man left Friday morning to "go for a walk" he said, but didn't take bags with him or completely sign himself out, he said.

St. Joeseph's Healthcare president Dr. David Higgins told CBC Hamilton he couldn't discuss specifics of the man's visit or treatment because of patient confidentiality. He said in cases like these, the patient is assessed for a diagnosis alongside any risks they might present, and treatment is administered from there. But the hospital has no authority to keep a voluntary patient against their wishes

"If the treatment is voluntary, they can leave if they so wish," he said.