Toronto Police Officer Failed to De-escalate and Shot Devon Fowlin, Says Report

Toronto Police Officer Faces Criminal Charges for Shooting Incident

A Toronto police officer is facing criminal charges after an administrative investigation found that he “failed to utilize appropriate de-escalation tactics” and “discharged his firearm when it was not justified to do so.” The investigation was conducted in connection with the shooting of a 31-year-old man in a city park last February.

According to a report presented to the Toronto Police Services Board, the incident occurred on February 27, 2023, when a concerned citizen reported a male armed with a knife in a parkette near Black Creek and Thretheway drives. Upon arrival, officers encountered the man, later identified as Devon Fowlin, who appeared agitated and had a large knife concealed in a sheath on his belt.

The report states that officers directed Fowlin to get on the ground, but he refused and began to walk backward into the empty park. Two officers tried to immobilize him using conducted energy weapons, but their attempts were ineffective due to Fowlin’s heavy clothing. Fowlin then took out the knife and refused to comply with orders to drop it.

When Fowlin raised the knife to his throat and began harming himself, Constable Andrew Davis, who was approximately 15 meters away, discharged two shots from his pistol, striking Fowlin. Fowlin then turned and ran, but officers pursued him and placed him in handcuffs. He was subsequently taken to Sunnybrook Health Sciences Centre for treatment.

The report concludes that Constable Davis used unnecessary force when he discharged his firearm, as there was no risk of bodily harm or death to any officer or member of the public. Davis has been charged with aggravated assault and discharging a firearm with intent to maim, wound, disfigure, or endanger life, although the charges have not yet been tested in court.

The report also indicates that another officer, who is accused of failing to use appropriate de-escalation tactics, will face misconduct allegations in a police tribunal hearing. Two other officers who responded to the incident were found to be in non-compliance with applicable provincial legislation and faced disciplinary action at the unit level.

In response to the report, David Shellnutt, the lawyer representing Fowlin, expressed his client’s ongoing struggles with injury and trauma. Shellnutt emphasized the need for accountability and alternative non-police responses to avoid the high cost and regular harm caused by police violence.

The officer’s case will now proceed to a police tribunal after the criminal proceedings have concluded.