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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 ofa The 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 34 sian 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 34 Noes: 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 dota Director'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

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