SIU clears officers in the tragic death of D’Andre Campbell

BY PAUL JUNOR

The release of the SIU report on the fatal shooting of D’ Andre Campbell which exonerated the cops has caused alarm. The release of the report on Monday, December 14th, 2020 came six months after he was killed (April 6th, 2020) in Brampton. Many unanswered questions remain as the family continues to grieve in the aftermath of this senseless loss of another black life.

According to its website, “the Special Investigative Unit (SIU) conducts criminal investigations into circumstances that have resulted in serious injury, death or allegations of sexual assault.” (siu.on.ca)

Its mandate is, “to maintain confidence in Ontario’s police services by assuring the public that police actions resulting in serious, injury or death or allegations of sexual assault are subjected to rigorous independent investigation.” It is the Director of the SIU (Robert Martino) who, “decides whether or not the evidence leads to the reasonable belief that a criminal offence has been committed.”

The fact that D’ Andre was diagnosed with schizophrenia and bipolar disorder since he was 17-years*old and suffered with this mental illness for nine years undoubtedly took its tool on his family. It was D’Andre who decided to call Peel Regional Police (PRP), the evening of April 6th, 2020 according to the SIU report. He was concerned that his parents, “were trying to start an argument with him” He wanted the police to provide immediate help to him.

D’ Andre’ s home in Brampton was known to PRP. The SIU reported that on five separate occasions from 2011 to 2014, they were called to the house in response to D’Andre’s mental health crises.

On one occasion, he was taken in under the Mental Health Act after a family member called police because he was acting strange. Another time, he was taken into custody in 2014 after another family member called police.

It was what ensued after the two PRP officers arrived at D’ Andre’s home that led to his untimely death. When they arrived, he had a knife in his right hand and was fighting with his mother. He was told to drop it but he refused and walked to the officer. The SIU’s report states that the officer fired his Conducted Energy Weapon (CEW), which caused him to fall. The officer tried to accost D’Andre but failed, and the other officer discharged her Taser. D’Andre was not subdued and still armed with the knife. It was then that one of the officers discharged his weapon, which struck the fatal wound.

According to SIU director, “there is strong case to be made that the [officer] reasonably believed that he needed to fire his gun to protect himself against imminent risk of a knife attack at the hands of Mr Campbell.” He states that the officers are not criminally liable because Section 34 of the Criminal Code, “provides that a person may use force to repel a reasonably apprehended attack, actual or threatened.”

It is unfortunate that the subject officer who was directly involved was not interviewed or asked to present his notes. The SIU director acknowledged that without this information it is hard to know the state of mind of the officer, and he may be justified in his actions. He wrote, ” I am unable to reasonably conclude with any confidence that the [subject officer) acted without legal justification when he shot Mr Campbell. On the contrary, the evidence suggests that the (subject officer) credibly believed at the time that he was confronted with a real and present danger to life and limb, and that his use of force was reasonable in the circumstances.”

PRP’s Chief Nishan Duraiappah states that this incident was a “rare and tragic situation. Our officers deal every day with people, and the overwhelming majority of cases are resolved safely and peacefully.”