Two Hamilton Police officers have been cleared by the Special Investigations Unit (SIU) in the fatal shooting of a man named Erixon Kabera in November 2024.
The SIU’s Director, Joseph Martino, wrote the report.
The investigation by the SIU, a civilian law enforcement agency in Ontario that has jurisdiction over police, determined that Kabera raised a replica gun in the officers’ direction and walked towards them.
Kabera was then “immediately met with gunfire from the officers,” says the SIU report.
The SIU collected evidence and conducted multiple interviews.
It should be noted that Kabera, 43, is a black man of Rwandan descent, leading some members of the public to claim that race was a factor in his death.
The SIU report notes, “at about 4:30 p.m. on Nov. 9, 2024, HPS officers were dispatched to the fifth floor of the building situated at 1964 Main Street West, Hamilton.”
A resident of a fifth-floor apartment, referred to as Civilian Witness #1 (CW #1), reportedly called the police, stating that Kabera had been knocking on their apartment door.
“CW #1 opened the door but quickly closed and locked it after noticing what was believed to be a handgun in [Kabera’s] right hand.”
The SIU says that Kabera resided in an apartment at the far southern end of the hallway and that the resident in question did not recognize Kabera.
“[Kabera] would proceed to enter and exit his apartment several times, approaching the door to CW #1’s apartment when outside his residence to knock on the door, turn the door handle, and ask to be let in.”
Officers then reportedly arrived at the address at about 4:50 p.m. and saw Cabera at the south end of the fifth-floor hallway.
“The officers called out to the Complainant and watched as he entered his apartment – Apartment 503 – and locked the door behind him.”
Officers went into CW #1’s apartment to discuss the situation, while one of the officers kept a close eye on Kabera’s door.
The officer is then said to have observed Kabera once again exiting his apartment, and both officers stepped into the hallway.
“[Kabera] was holding what appeared to be a handgun in his right hand at waist level, pointed at the floor. The object in the Complainant’s possession was not an actual firearm, although it did give the appearance of being a genuine semi-automatic pistol,” reads the report.
“Confronted by the officers, [Kabera] raised the replica gun in their direction and walked towards them. He was immediately met with gunfire from the officers.”
A female officer referred to as Subject Officer #2 (SO #2) was the first to shoot.
“She discharged as many as eight rounds while moving backward down the hallway before losing her footing and stumbling to the floor.”
Some members of the public have taken issue with the number of shots fired by police during the incident; however, the SIU report states that Kabera “continued to walk forward with the replica gun in hand.”
Next, the other officer, a male officer referred to as Subject Officer #1 (SO #1), fired “six to eight shots” as he was retreating.
Once again, the SIU says that Kabera “remained unfazed.”
One of the officers then fired their taser at Kabera, which reportedly also “had no effect,” and Kabera “continued to advance on the officers.”
Seven to eight more shots were then fired when Kabera reportedly “collapsed and landed on his back.”
Kabera was transported to hospital and pronounced deceased at 12:47 a.m. on Nov. 10, 2024.
SO #1 was also bleeding from a wound to the back of his head.
While members of the public have organized protests at Hamilton City Hall, calling Kabera’s death a “murder” by police, Martino, who is the Director of the SIU, concludes, “On my assessment of the evidence, there are no reasonable grounds to believe that either subject official committed a criminal offence in connection with [Kabera’s] death.”
“Section 34 of the Criminal Code provides that conduct that would otherwise constitute an offence is legally justified if it was intended to deter a reasonably apprehended assault, actual or threatened, and was itself reasonable.”
“The evidence further establishes that SO #1 and SO #2 fired their weapons at the Complainant, believing it necessary to protect themselves from a reasonably apprehended assault.”
“I am also satisfied that the force used by the officers constituted reasonable force. The officers honestly believed they were looking at an actual gun in the Complainant’s possession. Though mistaken, their misapprehension was a reasonable one. The object looked like a gun, the Complainant brandished it as a gun.”
“In the circumstances, it made sense that SO #1 and SO #2 would resort to gunfire to protect themselves from what they justifiably believed was an imminent threat of grievous bodily harm or death.”
“SO #1 told the SIU that he believed the Complainant had been the first to fire in the officers’ direction. It appears the officer mistook SO #2’s initial gunfire for gunfire coming from the Complainant, an honest but mistaken belief in the highly charged atmosphere that prevailed.”
“Be that as it may, SO #1 was within his rights in shooting at the Complainant the moment he raised his hand in the officers’ direction, seemingly holding a gun, as was SO #2. The same justification holds true for SO #1’s second sequence of shots, which occurred shortly after SO #2’s CEW deployments had failed to deter the Complainant.”
“A further retreat or withdrawal might have been available to the officers, but neither was a viable option given the speed at which events unfolded and the presence of fifth-floor residents, including CW #1, whose safety would have been imperilled.”
“For the foregoing reasons, there is no basis for proceeding with criminal charges in this case. The file is closed,” Martino concludes.
The incident has led to protests at Hamilton City Hall, which have been attended by Kabera’s family, former NDP Member of Parliament Matthew Green, former NDP Member of Provincial Parliament (MPP) Sarah Jama, and current Hamilton City Councillor (Ward 2 – Downtown Hamilton) Cameron Kroetsch.
A social media account called “Justice for Erixon” is organizing the protests and also raising funds for a legal battle.
Hamilton Police Service will be conducting its own review of the incident and releasing a separate report.
The full SIU report can be read here.
Based in Hamilton, he reaches hundreds of thousands of people monthly on Facebook, Instagram, TikTok, and Twitter. He has been published in The Hamilton Spectator, Stoney Creek News, and Bay Observer. He has also been a segment host with Cable 14 Hamilton. In 2017, he received the Chancellor Full Tuition Scholarship from the University of Ottawa (BA, 2022). He has also received the Governor General’s Academic Medal. He formerly worked in a non-partisan role on Parliament Hill in Ottawa.
