Latest news with #ErixonKabera
Yahoo
4 days ago
- Yahoo
Hamilton police officers who shot and killed Erixon Kabera cleared by SIU
Two Hamilton police officers who shot and killed Erixon Kabera last November won't be criminally charged, says the Special Investigations Unit (SIU). On Nov. 9, two officers shot as many as 24 bullets at Kabera in his apartment building hallway before he collapsed, Ontario's police watchdog said in its report released Friday. He had been holding a replica handgun, which officers mistook for a real firearm. Kabera, a 43-year-old father of three, was taken to the Hamilton General Hospital with eight gunshot wounds, including some in his back, and pronounced dead in the early hours of Nov. 10. "On my assessment of the evidence, there are no reasonable grounds to believe that either subject official committed a criminal offence in connection with the complainant's death," said SIU director Joseph Martino in the report. Family members, friends and members of the Rwandan community in Canada, of which Kabera was part, have been calling for answers from police and the SIU since his death. Kabera's family is "disappointed with the findings of the investigation," they said in a statement Friday. "Erixon was loved by many and is deeply missed by his family, friends, and his community both in Canada and in Rwanda," said the statement, released through the law firm representing them, Falconers LLP. The statement said the family is now "considering their legal options." The Hamilton Police Service said in a statement late Friday morning it recognizes "the profound impact this incident has had on Erixon's family, the broader community and our members." "For now, our Service remains committed to meeting with Erixon's family and Rwandan community leaders to find a path forward whenever the community is ready," HPS said in the statement. One of the two officers involved declined to be interviewed by the SIU, as is her legal right, but did release her notes, Martino noted. The other officer was interviewed, but didn't release his notes. The SIU also interviewed several witnesses, reviewed 911 calls, police radio recordings, forensic and physical evidence and a coroner's report. According to the SIU report, police were called at about 4:30 p.m. Nov. 9 to the fifth floor of a Main Street W. apartment building. A resident had reported that a man had been knocking on their door and appeared to be holding a handgun. "He would proceed to enter and exit his apartment several times, approaching the door to the [resident's] apartment ... to knock on the door, turn the door handle, and asked to be let in," said the report. The report does not name Kabera, but rather refers to him as "the complainant." When the two officers arrived, they found the man, Kabera, in the hallway. They called out to him as he entered his apartment and locked the door, but then came out again. "The complainant was holding what appeared to be a handgun in his right hand at waist level, pointed at the floor," said the report. "The object in the complainant's possession was not an actually firearm, although it did give the appearance of being a genuine semi-automatic pistol." He raised the replica gun in the officers' direction and walked toward them, said the report. "He was immediately met with gunfire from the officers," said the SIU. The officers shot multiple rounds as they retreated, but the bullets "had no effect on the complainant who continued to advance on the officers," the report said. One of the officers used a Taser on him as well. Then the other officer fired seven or eight more shots, and Kabera collapsed and landed on his back. Police performed first aid on him before paramedics arrived. One of the officers was bleeding after being wounded in the back of his head. He had mistakenly thought Kabera had fired that shot, but it actually came from the other officer. "An honest but mistaken belief in the highly charged atmosphere that prevailed," Martino said. The initial statement on Nov. 10 from the SIU had said there was an exchange of gunfire between a man and police — but the next day, the SIU issued another statement clarifying that, based on "further investigation," it did "not appear that the man discharged a firearm," but rather two police officers did. Martino determined the officers believed they had to fire their weapons at Kabera to protect themselves and that he was holding a gun. "A further retreat or withdrawal might have been available to the officers, but neither was viable given the speed at which events unfolded and the presence of fifth-floor residents, whose safety would have been imperiled," the director wrote. Kabera's death prompted outcry from his family, friends, members of the Black community in Hamilton and beyond. He was the oldest of five siblings and a father of three teenage children. His brother Parfait Karekezi previously said Kabera was "everything" to him. "Erixon was not only my brother, he was my friend. He was my role model. He was my mentor," he previously told CBC Hamilton. He said Kabera was his "confidant," and someone "who had all my secrets." Since Nov. 10, Karekezi and other members of Kabera's family and community have been calling for transparency around what happened that night and accountability for his death. On its website, the SIU says it aims to complete investigations within 120 days, but it took more than 200 for Kabera's report to come out. "In some cases, including death cases, investigators may need to wait for outside experts and agencies to complete reports such as toxicology and pathology reports," a spokesperson with the SIU told CBC Hamilton previously. "We understand how difficult waiting can be for persons involved in our investigations, including the families of those who have been seriously injured or who have died." In Friday's SIU report, the police watchdog said Kabera's postmortem examination was received from the Coroner's Office on May 12. Yves Ikobe, another brother of Kabera's, told CBC previously his brother had "multiple" gunshot wounds and broken bones. He also said there were at least six or seven bullets that hit the wall, from what he saw in Kabera's apartment. "They killed him like a dog," he said. Ikobe was one of the around 400 people who gathered outside of Hamilton's City Hall in the days after Kabera's death to mourn him. "He was a very kind soul," Ikobe told the crowd that night.
Global News
5 days ago
- Global News
Ontario's police watchdog clears officers in fatal shooting of Hamilton man
The province's police watchdog has cleared Hamilton police officers of wrongdoing in connection with the fatal shooting of Erixon Kabera on Nov. 9, 2024. Officers were dispatched to an apartment building on Main Street West in Hamilton at around 5 p.m. that day, after a resident told police they had been threatened by a man, according to the Special Investigation Unit's report. The SIU report says that after officers arrived, a man pointed a replica firearm at them as he walked towards them. Two officers opened fire on him, shooting as many as 24 bullets in his direction as his approach continued, according to the report. Get daily National news Get the day's top news, political, economic, and current affairs headlines, delivered to your inbox once a day. Sign up for daily National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy After being hit a number of times, the man was taken to an area hospital by paramedics and was pronounced dead shortly before 1 a.m. the following day. Story continues below advertisement The SIU was then called in to investigate the matter. In the report, SIU director Joseph Martino said there were 'no reasonable grounds' to lay charges against the officers in connection with the shooting, noting that they used 'reasonable force.' 'The officers honestly believed they were looking at an actual gun in the Complainant's possession. Though mistaken, their misapprehension was a reasonable one. The object looked like a gun, the Complainant brandished it as a gun,' Martino wrote. The man's family identified him as Kabera, a father of three, who they said dedicated his life to his family and community. There was some confusion surrounding the incident as the SIU initially reported that there was an exchange of gunfire but later announced it had found a replica firearm at the scene. One of the officers told SIU investigators he believed the man had been the first to open fire, but it appears he mistook the other officer's initial gunfire for shots coming from the man, Martino wrote, describing it as 'an honest but mistaken belief in the highly charged atmosphere that prevailed.' The SIU is an independent agency that investigates incidents involving police that have resulted in death, serious injury or allegations of sexual assault. — with files from The Canadian Press
Globe and Mail
5 days ago
- Globe and Mail
Officers involved in fatal shooting of Hamilton man used reasonable force, watchdog says
Ontario's police watchdog says two Hamilton officers involved in the fatal shooting of a man in an apartment building last year used reasonable force in the face of what they believed was an imminent threat of serious harm or death. The director of the Special Investigations Unit, Joseph Martino, says he has determined there are no reasonable grounds to believe the officers who opened fire on a 43-year-old man on Nov. 10 committed a criminal offence. The man's family has identified him as Erixon Kabera, a father of three who they said dedicated his life to his family and community. When it initially announced its investigation last year, the SIU said Hamilton police were responding to reports of a man 'acting in a threatening manner' and there was an 'exchange of gunfire' with police. The agency later said it did not appear the man had discharged a firearm before he was shot. In a report released today, the SIU says the man was holding a replica handgun and raised it in the direction of the officers as he walked toward them in the building's hallway, causing one of the officers to fire as many as eight rounds. The report says the man continued to walk toward the officers, and the other officer fired six to eight shots. Both officers lost their footing as they walked backward and stumbled to the ground, the SIU says. The officer who first opened fire lost her gun as she fell and used a stun gun, and moments later, the other officer fired another seven or eight shots, it says. The man collapsed and later died in hospital. An autopsy found he died from multiple gunshot wounds, the report says. Martino said the officers 'honestly believed they were looking at an actual gun' and 'their misapprehension was a reasonable one.' It looked like a gun, the man held it like a gun and a neighbour had just told the officers they believed he had a gun with him, Martino wrote. Under the circumstances, it made sense that the officers would use their guns to protect themselves 'from what they justifiably believed was an imminent threat of grievous bodily harm or death,' the director said. One of the officers told SIU investigators he believed the man had been the first to open fire, but it appears he mistook the other officer's initial gunfire for shots coming from the man, Martino wrote, describing it as 'an honest but mistaken belief in the highly charged atmosphere that prevailed.'
Hamilton Spectator
5 days ago
- Hamilton Spectator
SIU clears Hamilton officers who fatally shot Erixon Kabera
Ontario's police watchdog has cleared two Hamilton police officers who shot Erixon Kabera , after an investigation found the 43-year-old walked toward the officers armed with a replica gun. 'The officers honestly believed they were looking at an actual gun in the complainant's possession,' Special Investigations Unit director Joseph Martino wrote in the report released Friday. 'Though mistaken, their misapprehension was a reasonable one.' Kabera, a father of three who was active in the local Rwandan community, died in hospital early on Nov. 10, 2024 — not long after he was shot in the fifth-floor hallway of his condo building at 1964 Main St. W. Family, community, politicians call for answers and justice in death of Erixon Kabera. His death spurred a vigil and calls for justice from loved ones and the Rwandan community. For months, family have been asking for answers as to why the man they knew as a kind, community builder was killed. In the initial aftermath of the shooting there was also confusion, because the SIU initially reported there had been an exchange of gunfire, but later corrected that fact. Erixon Kabera was killed when he was shot by Hamilton police at his Main Street West apartment. The SIU report, more than six months after his death, sheds new light on the chaotic confrontation. One of the officers and civilian witnesses participated in the SIU investigation, while the other officer declined to be interview, but handed over her notes. The SIU did not name Kabera in the report. In a statement following the release of the final SIU report, Hamilton police noted that it concluded the force used by officers was 'reasonable under the circumstances.' 'As a service, we recognize the profound impact this incident has had on Erixon's family, the broader community and our members,' police said. 'For now, our service remains committed to meeting with Erixon's family and Rwandan community leaders to find a path forward whenever the community is ready.' Police were called to the building around 4:30 p.m. on Nov. 9 after a neighbour on the fifth floor called police reporting that a male, who she didn't recognize, was knocking on her door, the SIU said. The witness opened the door, but quickly closed and locked it after seeing what appeared to be a handgun in the man's right hand. Kabera lived in the apartment at the southern end of the hallway, where he walked in and out of his unit several times, the SIU said. He approached his neighbours door, tried to turn the handle and asked to be let in. A vigil was held outside city hall in November for Erixon Kabera, who was fatally shot by police. He said he wanted to 'hang,' the SIU said. But his neighbour largely ignored him, other than to tell him to go away. Two officers arrived at the building by about 4:50 p.m. When they got off the elevator on the fifth floor they called out to Kabera, who entered his apartment and locked the door. The witness allowed officers insider her apartment, where she explained to police what had happened and described the 'gun' as being similar to the police-issued Glock semi-automatic pistol. One of the officers kept the door open to keep an eye on Kabera's door. A gun belonging to one of the Hamilton police officers in the shooting. Within minutes, the SIU said, Kabera exited his apartment with what appeared to be a handgun in his right hand. It was pointed at the floor. When he was confronted by the officers that stepped into the hallway, the SIU said Kabera raised the replica gun and walked toward the police. 'He was immediately met with gunfire from the officers,' the SIU said. An unidentified female officer, called 'Subject Officer 2' in the report, shot as many as eight rounds while moving backward in the hallway. She lost her footing and fell to the floor, as Kabera continued to walk forward with the replica gun in his hands. The other officer, a man called 'Subject Officer 1,' fired six to eight shots as he also retreated back in the hallway, the SIU said. He told investigators that he believed Kabera fired first, mistakenly believing Subject Officer 2's gunfire came from Kabera. Martino called this an 'an honest but mistaken belief in the highly charged atmosphere that prevailed.' Regardless, the officer was 'within his rights in shooting at the complainant the moment he raised his hand in the officers' direction seemingly holding a gun.' Despite the shots from police, the SIU said Kabera 'remained unfazed.' Erixon Kabera was killed in a police shooting. The male officer also fell, but managed to move back and replace a magazine of bullets. The female officer, who lost her gun when she fell, tried to use her Taser, with no effect. That's when the male officer, the SIU said, fired again — seven to eight shots — and Kabera collapsed and landed on his back. It was about 5 p.m. The female officer first checked on her colleague, who was bleeding from the back of his head, and then approached Kabera to render first-aid until paramedics arrived. The SIU said the officer's head injury was a 'graze wound.' Kabera was pronounced dead in hospital at 12:47 a.m. An autopsy found his cause of death was from multiple gunshot wounds. Among his wounds were gunshots to his back. But Martino said this fact doesn't change his finding that the shooting was justified, because of the 'volatility' of the events. 'That is to say, it is not surprising the complainant suffered wounds to the back given the movements of the parties at the time, including the distinct possibility that the complainant might have been falling and rotating to the floor as some of the gunfire took place,' he wrote. The force used by the officers was 'reasonable' as the replica gun looked real and Kabera 'brandished it as a gun.' Nicole O'Reilly is a crime and justice reporter at The Spectator. noreilly@ Error! Sorry, there was an error processing your request. There was a problem with the recaptcha. Please try again. You may unsubscribe at any time. By signing up, you agree to our terms of use and privacy policy . This site is protected by reCAPTCHA and the Google privacy policy and terms of service apply. Want more of the latest from us? Sign up for more at our newsletter page .
CTV News
5 days ago
- CTV News
Officers involved in fatal shooting of Hamilton man used reasonable force: SIU
Erixon Kabera is shown in a handout photo. Kabera was fatally shot in an apartment building by Hamilton, Ont. police on Nov. 10, 2024. THE CANADIAN PRESS/HO Ontario's police watchdog says two Hamilton officers involved in the fatal shooting of a man in an apartment building last year used reasonable force in the face of what they believed was an imminent threat of serious harm or death. The director of the Special Investigations Unit, Joseph Martino, says he has determined there are no reasonable grounds to believe the officers who opened fire on a 43-year-old man on Nov. 10 committed a criminal offence. The man's family has identified him as Erixon Kabera, a father of three who they said dedicated his life to his family and community. When it initially announced its investigation last year, the SIU said Hamilton police were responding to reports of a man 'acting in a threatening manner' and there was an 'exchange of gunfire' with police. The agency later said it did not appear the man had discharged a firearm before he was shot. In a report released today, the SIU says the man was holding a replica handgun and raised it in the direction of the officers as he walked towards them in the building's hallway, causing one of the officers to fire as many as eight rounds. The report says the man continued to walk toward the officers, and the other officer fired six to eight shots. Both officers lost their footing as they walked backward and stumbled to the ground, the SIU says. The officer who first opened fire lost her gun as she fell and used a stun gun, and moments later, the other officer fired another seven or eight shots, it says. The man collapsed and later died in hospital. An autopsy found he died from multiple gunshot wounds, the report says. Martino said the officers 'honestly believed they were looking at an actual gun' and 'their misapprehension was a reasonable one.' It looked like a gun, the man held it like a gun and a neighbour had just told the officers they believed he had a gun with him, Martino wrote. Under the circumstances, it made sense that the officers would use their guns to protect themselves 'from what they justifiably believed was an imminent threat of grievous bodily harm or death,' the director said. One of the officers told SIU investigators he believed the man had been the first to open fire, but it appears he mistook the other officer's initial gunfire for shots coming from the man, Martino wrote, describing it as 'an honest but mistaken belief in the highly charged atmosphere that prevailed.' This report by The Canadian Press was first published June 6, 2025. Written by Paola Loriggio, The Canadian Press
