No grounds to charge Peel officer in fatal shooting of Jamal Francique, SIU says

Ontario's Special Investigations Unithas determined there are no grounds to charge a Peel policeofficer in the fatal shooting of 28-year-old Jamal Franciquelast January in Mississauga.

Francique was shot by a Peel officer during the course of being arrested and then crashed his vehicle into a garage, according to the police watchdog agency.

Francique's family has said he lived with schizophrenia and bipolar disorder and was unarmed when he was shot in the back of the head while in his car.

According to Peel police, on Jan. 7, undercover officerswere investigating a vehicle for suspected drug activity atSouthampton Drive and Eglinton Avenue in Mississauga.Officers found Francique, who the SIU said was considered a person of interest, in thevehicle.

Police have said Franciquedrove at the officers when they approached.

"One of the officers fired several shots at the vehicle, striking the driver. And the vehicle then drove into a garage in the townhouse complex just behind me," Const. Sarah Patten had told reporters at the scene of the crash.

Francique was taken to hospital and remained alive on life support until he died on Jan. 10.

In a release issued Wednesday, the province's police watchdog said that based on their review of the evidence, the SIU has determined there are no grounds to lay charges against the officer who shot Francique.

SIU account of the incident

In his report,SIU Director Joseph Martino said officers saw Francique leavehis home at about 5:45 p.m. on Jan. 7. 2020.

As he got into his car and reversedout of his spot, police began boxing in the vehicle with their own cruisers. At that point, the report says,Franciqueaccelerated forward, striking and moving past one of the officer's vehicles.

One officer jumped out of the way to avoid being struck by the car, the report says. Another officer fired his weapon four times in the direction of the driver's seat.

The officers did not approach Francique's vehicle in fear that he may be armed and instead arranged for tactical officers to arrive, which didn't happen until 8:05 p.m.

Tactical officers arrived to findFranciquein "obvious and acute medical distress," the report read.

He was taken to hospital, where he died two days later.

A satchel located on Francique's body was found to contain a pistol.

Martinosaid that he is unable to "reasonably conclude" that the officer in question's use of lethalforce fell outside the legal limits.

In an interview with the SIU, the officer said he shot at Francique to avert what he believed was an imminent risk to his life when the car drove in his direction.

The subject officer, while interviewed, declined to turn over his notes to the SIU.

As for whether the officer had to open fire, Marinto wrote"there is the question of possible retreat or disengagement by the [subject officer] as a recourse instead of firing his weapon. I accept that withdrawal may have been an option for theSOas the Acura travelled in his direction."

However, Martino wrote, the officer "had a decision to make in a highly fraught situation and only moments in which to make it."

You can read the full SIU report here.

Martino also saidthe officer in question was lawful in his operation toarrestFranciquebecause he was violating the terms of his bail by visiting his girlfriend's home in the days before the shooting.

Francique was out on bail at the time in relation to firearms and drug-related charges.

SIU findings 'no surprise,' Francique family's lawyer says

In a statement released Wednesday night by theFranciquefamily's legal team, principal lawyer Knia Singh withMa'at Legal Services calls the SIU's findings "no surprise."

In his statement, Singh highlights what he calls "glaring deficiencies" inthe SIU's report and the report from Peel police officers, including the timing of the incident.

He says there are multiple sections that state the incident occurred at 5:45 p.m., when the initial report says 7:44 p.m.

He says another discrepancyis about where Francique was shot, saying that some reports say he was "shot in the face"yet later in the report, it says he was shot in the back of the head.

"How can someone be shot in the back of the head if an officer is firing through the front windshield?" the statement reads.

Derek Francique, the victim's father,wrote a statementcondemning the police and the SIU.

"We do not want to leave our lives in your hands because instead of helping us and giving us a reason to feel safe you leave the families in incomplete shambles," the statement reads.

"This report has left my family in further disbelief in the SIU and the police force."

Francique's father says the SIU failed to tell him "critical information" about the case, includingfor instance the names of the police officers whokilled his son, and he sayshe continues to be left in the dark.

This report has left my family in further disbelief in the SIU and the police force.- Derek Francique, Father of Jamal Francique

"This system has been letting down families from the very beginning until this day...What they did to my son is a crime," the statement continued.

Francique's father says he will get justice for his son and that his family and legal team will be in court in the near future.

'It's the same story with police and Black and Indigenous people'

In June of 2020, five months after Francique's death, a vigil was organized by a group of friends and community members who wanted to ensure accountability in his death.

The vigil occurred approximately three weeks after George Floyd, a Black man killed byMinneapolis police whose death sparked rallies and protests against anti-Black racism and police brutality around the word.

Among the approximate 300 attendees were Francique's family, who described him as being a loving and compassionate young man who never held a grudge against anyone.

Author and activist Desmond Cole spoke at the vigil about systemic racism within Canadianpolice forces.

"Everywhere we look in this country, it's the same story with police and Black and Indigenous people, and we are tired. But we are not defeated by any means," Cole said to those whogathered.