DIRECTOR'S REPORT
Case Name 15-7F0-140,
Incident Type ~Sub-type Ficearm Death
Lead investigator: Lectineaitor
investigative Supervisor oes Superior
Involed alice Service Toranto Paice Service (MPS)
Complainant: Andrew Loku (D08:——mermm )
Occurrence Date and Time: 07/05/2015 at 0005 hours
Notification ofthe SIU
Notification Date and Time: 07/05/2015 at 0031 hours
Notified By: Police
On Sunday, July 8, 2018, 3t 0031 hrs, Netng omer ‘of the Toronto Police
‘Service (TPS) notified the SIU of Mr. Andrew Loku’s firearm death,
‘wetyoa tier reported that on July 5, 2015, at about 0005 hrs, TS police officers arrived
S02 Gilbert Avenue, A male armed with a hammer was shot at 0007 hrs.
Overview
On July 5, 2015, at 0002 hrs, aentanwivsss phoned 13 Divisio and sald one of the
tenants at 502 Gilbert Avenue {now known to be Mr. Loku] was armed with @ hammer and
threatened to klll "friend [now known to be texas |. At 0005 hrs,
te Sue Otc tna er arrived at the address and ran = the
Stalrs towards cian wines apartment.
‘They encountered Mr. Loku in a hallway, stil armed with the hammer. Immediately, both
officers ordered Mr. Loku to drop the hammer. Mr. Loku ignored thair commands and
advanced towards the officers. het ofer discharged m pistol stopping Mr. Loky in
close proximity to the officers, .
‘Mr. Loku went to the floor, dropping the hammer. Twowess er:
arrived and commenced CPR. Shartly therea(ter, the Torento 2aramedic Services
arrived and continued resuscitation. Their efforts were to no avall and at 0026 hrs, Mr.
Loku was pronounced dead at the scene,
See kepors Comm Tape
15 TFD-160 Page ofaThe Scene
‘The scene was a three-storey apartment building, Mr. Loku’s body was lying on his back on
a backbuaid in te haliaay on the ~ floor between apartments —— . Ahammer
lay on the floor at the —~ of the stairs at the east end of the —~ floor halway. Two
cartridge cases were onthe floor near the door to apartment ——
“The investigation
Response Type:
Date and Time Team Dispatched:
‘Date and Time SIU Arrived on Scene:
[Number of Si Investigator(s) assigned
Number of SIU Forensic investigators) assigned:
complainant
‘ovdrew Lok
cv
olln Wes
ISTFD40
Attend immediately
(07/05/2015 at 0122 hours
(07/05/2015 at 0143 hours.
3
3
Nia
Initial Interview: July 5, 2015
Initial Interview: July 5, 2015
Initial Interview: July 5, 2015
Page 2 of 34sian Wines 4 Initial Interview: July $,2005
Cian es #5 Initial Interview: July 8, 2025
(isn ews 86 Ital Interview: July 10, 2015
vgn Wena 2 Initia Interview: July 10,2035,
Chen Wine Initial Interview: July 13, 2015,
nan Wine 8 Initial Interview: July 14,2015,
han Wena 610 Interview: July 1¢, 2015,
van wana Interview: July 18,2015,
van wens 12 Ihitial interview: July 23,2015,
Cuan Wena #15 ital Interview: July 21,2015,
Can Wena 86 bitil interview: Augus 24, 2015
‘San wees Hii interview: Augus: 25, 2015
Sualect Officer
Sipe once Until Interview july 13, 2015,
‘Copies of notebook entries were provided by te Stet Few.
Wines officers
ves once Inia interview: July 6, 2015,
owe Oca inital Interview: July 6, 2015
iw mca Ina! interview: July 5, 2015
Woes car Inital interview: July 6, 2015
ive or Inital interview: July 6, 2015
oes fee Inital interview: July 15,2015,
Wes omer? Initial interview: July 31, 2015,
on oma 8 Initial interview: August 5, 2015
ea cer Initial interview: July 31, 2035,
Upon request the SIU obtained and reviewed the following materials and documents from
the TS:
‘Communications Audio Request;
Firearm Discharged Report TPS.
General Occurrence.
CAD —
ca;
CAD Event Details Report-
Notes-awines tier
Notes-awines fer
Notes oar
Notes ie oer
suet mee
TS1FO40 Pages of 34Noes: te Stet tee
Nores-anines oer
INoreS- wines tee
Noes: swine ofcer
No:es-awies tee
Notes: wns fice
No:es-amtwefear
Parade Sheet
Parade Sheets —~
Polcy 1501-Use of Force appendix a;
Polcy 1501-Use of Force appendix b;
Polcy 1501-Use of Force; and
Use of Force Training Record-t Subst Cer
STF 140 Page dotaDirector's Decision Under s. 113(7) of the Pellce Services Act
Just after midnight on sul 5, 2015, on the floor hallway of the apartment bulding at
502 Gilbert Avene, Andrew Loku was shot twice by tesuaesrOfcw of the TPS. Despite
resuscitative efforts by officers and other first responders, Mr. Loku was pronounced dead
{at the scene shortly before 0030 hours. A post-mortem examination confirmed that Mr.
Loku died as the result of the gunshot wounds he had sustained ~ one in the area of his let
Clavicle and, more particularly, one to the left chest. For the reasons that follow, | am
satisfied on reasonable grounds that the shooting was legally justified and that there are
therefore no grounds for proceeding with eriminal charges against the subject officer,
‘The evidence gathered in this investigation, including the results of torensic scene
‘examination, the autopsy, the police recordings ofthe 911 call, a partial video ofthe scene
and, mast importantly, the statements of several eyewitnesses to the shooting, inluding
the subject officer partner and an independent third party civilian witness, paint a clear
and conpeling piclure of the events culminating in Mr. Loku’s death. suyerer and
Partner, swinesofer first confronted Mr. Loku in the hallway seconds before the
Shooting. The officers had rushed to the scene following an emergency 911 call to the
police fiom aeMllanwines 27m in one af the — floor apartments, indleating that
Mr. Loku was armed with a hammer, threatening to kil = friend and refusing to leave
‘their apartment. Moments earlier sain and "friend, swmerm had gone —
to the floor to complain to Mr. Loku, a r@sident in an apartment
‘theirs, cf the noise he was making. It seems Mr. loku and aeilanvanes had been at
‘odds for some time over noise isues. On this occasion, Mr. Loku did not answer the door
‘and thes returned to their apartment. Moments later, Mr. Loku was at their door
brandishing a hammer and engaged in a heated argument with Peer irae os ilar wines,
souanutoses, promptingts/ie call to police. Before the officers’ arrival,
I5TFD-140