Sault News: Thunder Bay police acquitted after incident in which suspect injured by anti-riot weapon

Thunder Bay police have cleared an incident in which an officer fired a non-lethal weapon at a suspect who was brandishing a replica second-generation pistol.

The incident occurred on March 1, when Thunder Bay Police (TBPS) responded to a report of a man “waving what appeared to be a gun” at a shopping center on Fort William Road.

“Complex security had contacted police to report the presence of a man (the complainant) lying on the ground behind Popeye’s Louisiana Kitchen with what appeared to be a handgun,” the Special Investigations Unit (SIU) said in a press release.

“Uniformed officers were the first to arrive. The plaintiff refused to drop his weapon when instructed to do so and threatened to shoot them.”

The Ontario Police Oversight Board concluded that there was insufficient cause to charge the police officer who fired a non-lethal weapon at a suspect who was brandishing a replica handgun because the police oversight board member could not have known that the firearm the complainant was not carrying was a real firearm.

A replica air pistol that police recovered from a Thunder Bay suspect following an incident on March 1, 2024. (Supplied by Ontario Special Investigations Unit/Figure 2)

The report

According to the SIU report, officers on the scene believed it was a handgun and fired four shots from a 40mm Penn Arms Launcher Powerpoint at the suspect, who was taken to the hospital.

“At approximately 5:00 p.m., the officer fired his weapon at the complainant five times in succession,” the SIU report states.

“Several, if not all, of the bullets struck the plaintiff, but he still possessed what appeared to be a gun.”

The Penn Arms Launcher is a riot weapon commonly used by police officers to disperse demonstrations. The launcher fires a variety of projectiles, including plastic bullets, tear gas, and non-lethal batons, and is classified as a firearm.

The .40 mm Penn Arms Multi-Shot Launcher fired by police at a suspect in Thunder Bay on March 1, 2024. (Supplied/Ontario Special Investigations Unit/Figure 3)

One launcher was loaded with foam bullets and a fifth projectile was fired but did not hit the suspect.

A fired projectile that investigators believe was foam ammunition recovered following the police shooting incident on March 1, 2024. (Supplied by Ontario Special Investigations Unit/Figure 5)

The SIU report indicates that the suspect dropped his weapon when asked to do so again shortly after being hit by the non-lethal ammunition.

“A police dog was released and bit the complainant on the leg, at which point officers intervened and took him into custody,” SIU officials said.

“The plaintiff was taken to the hospital after his arrest. He suffered bruising consistent with non-lethal bullets.”

No misconduct

Based on interviews with the complainant and video footage from the crime scene, the SIU was able to clear the officer of any wrongdoing.

SIU Director Joseph Martino wrote that he was convinced the officer’s use of force was justified because police could not be sure that the suspect was carrying an air pistol and not a real handgun.

“When the plaintiff refused to surrender the pistol, the officers were justified in neutralizing a potentially lethal threat by firing a non-lethal firearm at the plaintiff from a distance,” he said.

“The (officer’s) use of his launcher promised to accomplish just that without causing serious injury.”

Martino said the officer’s use of the launcher did not achieve the officer’s goal because the suspect remained in possession of his weapon – although that may have prompted him to surrender when he did.

“For the reasons stated above, there is no basis for bringing charges. The file is closed,” he wrote at the end of his report.

The full report can be found here.

Thunder Bay Police held a press conference following the incident to ask the public to be careful when handling replica firearms, as they are difficult to distinguish from real ones when used.