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Toronto Police Officer Pleads Guilty to Excessive Force Charge in 2023 Shooting of Homeless Man

Strategic Insights

— 2 min read

Devon Fowlin, a 30-year-old Black man, was shot and wounded by a junior Toronto police officer, Const. Andrew Davis, in February 2023 after responding to a "hotshot" radio call about a man with a knife in a park. The police service later described the force used as "excessive" in a 2024 report. On Wednesday, Davis pleaded guilty to lesser charges of assault causing bodily harm and careless use of a firearm in the shooting that left Fowlin with life-changing injuries.

Key Takeaways:

  • Const. Andrew Davis, a junior Toronto police officer, pleaded guilty to lesser charges of assault causing bodily harm and careless use of a firearm in the 2023 shooting of Devon Fowlin.
  • The police service described the force used as "excessive" in a 2024 report, which found that Davis shot and seriously injured Fowlin despite there being "no risk" of harm or death to any officer or citizen.
  • Fowlin was homeless at the time of the shooting and living out of his vehicle with his dog.
  • Davis was responding to a "hotshot" radio call about a man with a knife in a park, and Fowlin had consumed cannabis at the time but was not intoxicated.
  • The police videos showed Fowlin being Tased, shot, and arrested, with the incident lasting around two minutes.
  • Fowlin's lawyer, David Shellnutt, stated that the police response was "shocking" and that the officer's actions were a "miracle that Devon wasn't killed."
  • Fowlin is seeking $4.25 million in damages from police in his lawsuit, including $250,000 for allegedly breaching the Ontario Human Rights Code.
  • Const. Sarah Richards, who deployed a Taser and called for Fowlin to be shot, also faces related disciplinary charges, which are on hold pending the outcome of Davis' criminal case.
  • Fowlin's friend and advocate, Desmond Cole, stated that the police in Toronto have not done much to make it less likely that shootings like the one experienced by Fowlin will happen in the future.

Statistics:

  • 2024: The year in which the Toronto police service described the force used as "excessive" in a report to the Toronto Police Service Board.
  • Feb. 27, 2023: The date on which the shooting and arrest of Devon Fowlin by Toronto police occurred.
  • 1 count of aggravated assault: The charge dropped against Const. Andrew Davis as part of the plea deal.
  • 1 count of discharging a firearm "with intent to maim, wound, disfigure or endanger life": The charge dropped against Const. Andrew Davis as part of the plea deal.
  • 2 years: The length of time Fowlin has been recovering from his injuries.
  • $4.25 million: The amount of damages Fowlin is seeking from police in his lawsuit.
  • $250,000: The amount of damages Fowlin is seeking for allegedly breaching the Ontario Human Rights Code.
  • 2 minutes: The length of time the police video of the incident shows.
  • 3 wounds: The number of wounds Fowlin sustained in the shooting.

Sources:

  • "Toronto police officer who shot homeless man pleads guilty to excessive force charge", by Jim Rankin, The Toronto Star (September 2024)
  • "Police body camera footage shows 2023 shooting of Devon Fowlin by Toronto police", The Toronto Star (September 2024)
  • "Devon Fowlin seeks $4.25 million in damages from police in lawsuit", The Toronto Star (September 2024)
  • "Toronto police officer pleads guilty to charges in 2023 shooting of homeless man", CBC News (September 2024)
  • "Police describe force used in 2023 shooting of Devon Fowlin as 'excessive'", The Globe and Mail (September 2024)

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