The province's police watchdog has charged three Ontario Provincial Police (OPP) officers in connection with the shooting death of a baby boy during a confrontation between police and his father in Kawartha Lakes two years ago.
The incident occurred on Nov. 26, 2020, near Lindsay, Ont. It began in the morning when OPP were called to the Municipality of Trent Lakes, where a 33-year-old man had allegedly abducted his son.
Police were able to locate a vehicle of interest, a pickup truck, and attempted to stop it. A short time later, the truck collided with an OPP cruiser and a civilian vehicle.
The Special Investigations Unit (SIU) said a subsequent interaction between the 33-year-old man and police resulted in three officers firing shots.
The man was struck and transported to hospital, where he died a week later. The man's young son was found with a gunshot wound and was pronounced dead at the scene.
In Feb. 2021, the SIU confirmed that the boy, identified as 18-month-old Jameson Shapiro, was shot and killed by police.
"Upon receipt and review of additional forensic evidence in this case, including the results of the postmortem examination performed on a child, and reports prepared by the Centre of Forensic Sciences of analyses conducted with respect to bloodstains in the pickup truck, the trajectory of shots that struck the truck, and firearms, cartridge cases and projectiles, the SIU can today confirm that the child's death ... was the result of being shot by police," the agency said in a release at the time.
After a 21-month-long investigation, the SIU announced on Wednesday that it had laid charges against OPP Constables Nathan Vanderheyden, Kenneth Pengelly and Grayson Cappus in the death of Shapiro.
They are each charged with manslaughter and criminal negligence causing death. The SIU said the three are scheduled to appear in court in October.
"The matter is now properly before the courts. In consideration of the fair trial interests of the accused, the SIU will make no further comment pertaining to this investigation," the agency said in a Wednesday release.
The investigation saw three police-issued firearms, a pistol located in the pickup truck and several cartridge cases examined by the Centre of Forensic Services. The SIU also sent ballistic evidence to the Federal Bureau of Investigation (FBI) in the U.S. for specialized forensic testing last year.
At one point during the investigation, the SIU said it had spoken to 18 witness officers and 14 civilian witnesses. At the time, the three subject officers declined to participate in an interview with the agency. It is unclear if the three ever made themselves available for the SIU as they were under no legal obligation to do so.
The SIU is called to investigate the conduct of police that may have resulted in death, serious injury or allegations of sexual assault.
OPP Commissioner Thomas Carrique released a statement following the announcement of the charges.
"We thank members of the public who awaited the findings of the SIU, rather than speculating on what occurred," Carrique said.
"We respect the mandate and responsibilities of the SIU and will not comment further as this matter proceeds through the appropriate court processes."
Meanwhile, the union representing OPP officers said in a statement that it fully supports the three officers charged and other officers and civilian staff affected by the incident.
"This incident is a tragic circumstance for all involved," OPP Association president Rob Stinson said.
"It has impacted many people, families, first responders, and our members. Every single day police officers make split second decisions that most will never have to make and wouldn't want to make. This case is now before the courts. Everyone is entitled to due process. Our members have cooperated with the investigation in accordance with the law."
