The Director of the Special Investigations Unit (SIU), Ian Scott, has reasonable grounds to believe that a Toronto Police Service (TPS) officer is criminally responsible for a firearms discharge at a Toronto man and has caused criminal charges to be laid against the officer.
On August 20, 2007 at approximately 5:00 a.m. 21 year old Phabien Rhodius was driving a vehicle on Eglinton Avenue East. TPS officers stopped him. An interaction occurred between Mr. Rhodius and one of the officers. During this interaction the officer twice discharged his police firearm at Mr. Rhodius. Mr. Rhodius was injured as a result of the firearm discharge. He fled the scene in the vehicle. The incident was not reported to the SIU by the TPS.
On August 28, 2007 Mr. Rhodius turned himself in to the TPS. He faced a number of criminal charges, which led to a term of pretrial detention. When Mr. Rhodius was released from custody in March 2009 he contacted the SIU. A five-month SIU investigation followed.
Constable Boris Petkovic of the TPS is facing one charge of Aggravated Assault, contrary to s. 268 of the Criminal Code of Canada, and one charge of Discharge Firearm with Intent, contrary to s. 244 of the Criminal Code of Canada.
A summons was served on the officer today compelling his appearance before the Ontario Court of Justice, 60 Queen Street West, Toronto, on September 22, 2009, to answer to the charges. Justice Prosecutions of the Ministry of the Attorney General will have carriage of the prosecution.
As this matter is now before the courts, and in consideration of fair trial interests, the SIU will make no further comment pertaining to this investigation.
The SIU is a civilian agency that investigates cases of serious injuries (including allegations of sexual assault) and deaths involving the police. Pursuant to section 113 of the Police Services Act, the Director of the SIU is mandated to consider whether a criminal offence has been committed by an officer(s) in connection with the incident under investigation and, where warranted by the evidence, to cause a criminal charge or charges to be laid against the officer(s). The Director reports the results of investigations to the Attorney General.
SOURCE: Special Investigations Unit Frank Phillips, SIU Communications/Service des communications, UES, Telephone/No de
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