A Toronto police constable has pleaded guilty to assault causing bodily harm and careless use of a firearm after shooting a Black man who was experiencing homelessness and carrying a knife in a park near Black Creek Drive and Trethewey Drive more than two years ago.
Const. Andrew Davis was originally charged with one count of aggravated assault and one count of discharging a firearm with intent by the Special Investigations Unit six months after the shooting of Devon Fowlin in February 2023.
Davis, who the court heard had 53 weeks on the job at the time, was assigned to 12 Division at the time but was on a day off on the day of the incident and was on his way to a “paid duty” detail at Keele Street and Eglinton Avenue.
According to an agreed statement of facts read out in court, on Feb. 27, 2023, police were called to the park after a motorist stopped by 12 Division reported seeing a man in the park swinging a knife around and over his head.
The driver told police the knife was 10 to 15 centimetres long and that the man was walking in circles and appeared to be talking to himself. The man was also accompanied by an unleashed dog, and the witness expressed to police that he feared that the man might harm the dog.
Davis, who was wearing a full uniform but driving his personal vehicle, heard the “hot shot” call over his police radio, which included a description of Fowlin, and that he possibly had a knife in his coat and was engaging with someone with an off-leash dog.
The court heard Davis was first to arrive at the scene just after 8 a.m., but seconds later, two uniformed officers arrived on the scene.
Body-worn camera (BWC) footage played in court showed Const. Sarah Richards and her partner arrive at the parking lot of the park and engage in a conversation with Fowlin.
A sheathed knife was visible in the waistband of Fowlin’s left hip. Fowlin was calling to an unleashed black and white dog that was running close to him.
Fowlin could be seen walking towards Richards with his arms out and said something about the dog. Richards raised her hand to signal to Fowlin to stop approaching and said, “Whoa, whoa, I see you have a knife there. Don’t move. Let me see your hands.’”
Fowlin came within several feet of Richards but then began to back away. The BWC video shows Richards drawing her taser and pointing it at Fowlin as she demands he put his hands up.
According to the facts, as Fowlin continued to backpedal from Richards, he reached towards his left hip with his left hand but did not withdraw the knife from his waistband.
As Richards repeatedly told Fowlin to get down to the ground, Davis, who had a police issued firearm — a .40 calibre semi-automatic pistol — unholstered it and drew it to his chest area with the barrel pointed down. This was consistent with Toronto Police Service training known as “lethal overwatch.”
As Fowlin backed away from Richards with his arms out to the side, she discharged her taser at him, shouting “Taser taser taser!” Const. Richards’ taser was ineffective, likely because of the winter clothing Fowlin was wearing.
Seconds later, Fowlin reached to his waistband and withdrew his knife, still while backing away from police.
Davis can be heard asking Fowlin, “Why do you have a knife on you?” Fowlin responded, “I’m not doing anything.”
Seconds later, as officers continued to approach, Fowlin took the sheathed knife from his waistband, unsheathed it, and drew the blade across the side of his neck, causing visible bleeding.
Richards can be seen advancing while yelling, “Oh my god, shoot him.”
The facts state, another officer, Const. Stevenson then discharged his taser as Fowlin twisted to his left. From his position behind and to the right of Const. Richards, Davis fired two bullets at Fowlin as he was turning. Fowlin stumbled briefly, dropped the knife and the sheath and fled.
After a brief foot pursuit towards the intersection of Black Creek and Trethewey drives, Davis caught up to Fowlin and took him to the ground, where Fowlin was apprehended.
Fowlin, who was 31 at the time, was bleeding from a self-inflicted knife wound to the neck and suffered penetrating gunshot wounds to the right wrist, chest, abdomen and left flank/hip area. Fowlin was rushed to hospital via emergency run. He survived his injuries.
The 34-year-old police officer walked out of the courthouse Wednesday after pleading guilty, with his lawyer, Peter Brauti, by his side. A date to schedule a sentencing hearing has been set for October.
Brauti said Davis’ proceeding at the police tribunal was stayed pending the outcome of criminal proceedings. He is suspended with pay. Meanwhile, Richards is before the tribunal pending the outcome of the trial.
Fowlin was not in court Wednesday for the guilty plea but has launched a civil suit in relation to the shooting.