Man shot by officer posed 'no risk'

Report by police chief says cop provided little warning, failed to use de-escalaton skills

A Toronto police officer shot and seriously injured a man despite there being "no risk" of harm or death to any officer or citizen - the conclusion of a newly released internal report that backs the victim's account that he was fired upon with little warning while alone in a park.

Const. Andrew Davis "discharged his firearm when it was not justified to do so" and failed to use his deescalation skills when he twice shot at Devon Fowlin, a young Black man, in a snowy park off Black Creek Drive last February, according to a Toronto police report filed at the police board meeting Thursday.

The force used by Davis was "excessive," according to the report, authored by Toronto police chief Myron Demkiw.

The report which also reveals misconduct by four other officers involved in the incident is the first time Toronto police have acknowledged wrongdoing by police in the high-profile shooting, which last fall resulted in Davis being charged with aggravated assault by Ontario's police watchdog, the Special Investigations Unit (SIU).

"Make no mistake: this is a serious incident, one where, miraculously, Mr. Fowlin escaped death," David Shellnut, Fowlin's lawyer, said in a deputation to the Toronto police board.

Police could, "but for chance and God's good grace, be dealing with a murder charge of one of their officers." Peter Brauti, the lawyer representing Davis, said Thursday that "there is a lot more to the incident" than is outlined in the report, noting his client is an officer with no previous discipline.

"He looks forward to explaining his actions in his criminal prosecution," Brauti said.

Fowlin, in his early 30s, was rushed to hospital and underwent emergency surgery after he was shot and Tasered just steps from a North York police station on Feb.