TO Crown P believes Resurrection- in Crown aims to resurrect criminal charge against police constable
Toronto Police officer David Cavanagh charged with second-degree murder over on-the-job shooting | Posted Toronto | National Post
Crown aims to resurrect criminal charge against police constable - The Globe and Mail
Elation swept through Toronto police circles in March when a judge overseeing a preliminary hearing dismissed a second-degree murder charge against one of their colleagues, on grounds there were insufficient grounds to proceed.
The relief, however, may be short-lived.
In a move sure to infuriate the Toronto Police Association, prosecutors are seeking to bring Constable David Cavanagh back to court on a charge of manslaughter.
TPA president Mike McCormack said Wednesday he was dismayed but not surprised at the Crown’s bid to resurrect criminal charges, adding that it flies in the face of perceptions that police get preferential treatment within the justice system.
Murder charges against police acting in the line of duty are extremely rare, and in Toronto appear to have no precedent.
By the time he was cleared of this one on March 1, Constable Cavanagh had already undergone a roller coaster ride in the September, 2010 death of 26-year-old Eric Osawe, a Nigerian-born father of two, shot dead in a drugs raid on a west Toronto apartment.
Initially Constable Cavanagh was charged with manslaughter by the Special Investigations Unit, which probes all police-civilian interactions resulting in death or serious injury Then, in February 2012, the charge was upgraded to second-degree murder, implying the homicide was intentional, rather than an accident.
Toronto Police officer cleared of murder charge | Toronto & GTA | News | Toronto Sun
Eric Osawe, 26, a father of two, was fatally shot in the back by Cavanagh on Sept. 29, 2010, during a raid by the Gun and Gang Task Force and the Emergency Task Force.
More than a dozen officers armed with a search warrant went to the Bloor and Dundas Sts. area home early that day and arrested Osawe’s brother Ebony Osawe, 23, on firearm-related offences.
“Block completely vindicated the officer,” defence lawyer Peter Brauti said. “Block found that the ETF acted professionally and with common sense. Cavanagh’s approach in dealing with Osawe was justified and appropriate and the Crown didn’t produce any evidence to suggest this was anything but an accident.
“He was trying to subdue the guy and handcuff the guy and as he crouched down his firearm got caught on something on his vest, which held a Taser. As a result, the firearm was discharged accidently,” said Brauti.
“This isn’t the first time that this type of weapon has accidently fired. An officer testified that a firearms expert accidently shot himself in the leg when his weapon pressed against his vest as he was bending down.”
Two months after Osawe’s death, Cavanagh was charged with manslaughter.
In February 2012, that charge was upgraded to second-degree murder, a move that was sharply criticized at the time by Toronto Police Association president Mike McCormack.
Toronto Police officer David Cavanagh charged with second-degree murder over on-the-job shooting | Posted Toronto | National Post
Crown aims to resurrect criminal charge against police constable - The Globe and Mail
Elation swept through Toronto police circles in March when a judge overseeing a preliminary hearing dismissed a second-degree murder charge against one of their colleagues, on grounds there were insufficient grounds to proceed.
The relief, however, may be short-lived.
In a move sure to infuriate the Toronto Police Association, prosecutors are seeking to bring Constable David Cavanagh back to court on a charge of manslaughter.
TPA president Mike McCormack said Wednesday he was dismayed but not surprised at the Crown’s bid to resurrect criminal charges, adding that it flies in the face of perceptions that police get preferential treatment within the justice system.
Murder charges against police acting in the line of duty are extremely rare, and in Toronto appear to have no precedent.
By the time he was cleared of this one on March 1, Constable Cavanagh had already undergone a roller coaster ride in the September, 2010 death of 26-year-old Eric Osawe, a Nigerian-born father of two, shot dead in a drugs raid on a west Toronto apartment.
Initially Constable Cavanagh was charged with manslaughter by the Special Investigations Unit, which probes all police-civilian interactions resulting in death or serious injury Then, in February 2012, the charge was upgraded to second-degree murder, implying the homicide was intentional, rather than an accident.
Toronto Police officer cleared of murder charge | Toronto & GTA | News | Toronto Sun
Eric Osawe, 26, a father of two, was fatally shot in the back by Cavanagh on Sept. 29, 2010, during a raid by the Gun and Gang Task Force and the Emergency Task Force.
More than a dozen officers armed with a search warrant went to the Bloor and Dundas Sts. area home early that day and arrested Osawe’s brother Ebony Osawe, 23, on firearm-related offences.
“Block completely vindicated the officer,” defence lawyer Peter Brauti said. “Block found that the ETF acted professionally and with common sense. Cavanagh’s approach in dealing with Osawe was justified and appropriate and the Crown didn’t produce any evidence to suggest this was anything but an accident.
“He was trying to subdue the guy and handcuff the guy and as he crouched down his firearm got caught on something on his vest, which held a Taser. As a result, the firearm was discharged accidently,” said Brauti.
“This isn’t the first time that this type of weapon has accidently fired. An officer testified that a firearms expert accidently shot himself in the leg when his weapon pressed against his vest as he was bending down.”
Two months after Osawe’s death, Cavanagh was charged with manslaughter.
In February 2012, that charge was upgraded to second-degree murder, a move that was sharply criticized at the time by Toronto Police Association president Mike McCormack.
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