SIU investigating Hamilton officer in Al-Hasnawi homicide
Police watchdog making preliminary inquiries based on allegations that surfaced in media reports
NEARLY NINE MONTHS after Yosif Al-Hasnawi lay dying on a Hamilton sidewalk, Ontario’s police watchdog says it’s investigating one of the officers who responded that night.
The 19-year-old Good Samaritan was shot on a Sanford Avenue South sidewalk near Main Street East after intervening when he saw two men harassing an older one on the street Dec. 2, 2017. Multiple witnesses, including his father and brothers, have accused first responders of not believing Al-Hasnawi had been shot. They claimed police and paramedics thought he’d been shot with a BB gun and some were allegedly laughing and telling him to get up.
Al-Hasnawi, the eldest of five with aspirations of becoming a doctor, was pronounced dead an hour later.
In an unprecedented case, the two responding paramedics were criminally charged earlier this month.
Family friend and human rights activist Firas Al Najim said he is very happy to hear about the investigation.
“It’s what we’ve been asking for,” Al Najim said, adding he seeks justice for Yosif.
Reached on the phone, the slain teenager’s father, Majed Al-Hasnawi, was surprised by the news of the latest investigation.
On the night his eldest son was shot, he remembers running out of the Al-Mustafa Islamic Centre, where he had been attending a religious celebration with his three sons.
He encountered one “rude” police officer, who, along with the paramedics, had said his son “deserved an Oscar” for his acting, according to witness accounts.
“Based on the results of those preliminary inquiries, which included medical evidence, the SIU can confirm that it is investigating the role of one Hamilton Police Service officer in relation to this incident.”
YET MAJED SAID he still believes the paramedics are ultimately to blame.
It took 38 minutes from the time paramedics arrived on scene to transport him to hospital — his heart stopped during the ambulance ride.
Apart from that one rude officer, Majed said he is happy with how Hamilton police have treated the family, particularly during the homicide investigation.
The Special Investigations Unit said staff began making preliminary inquiries based on allegations that surfaced in media reports.
“Based on the results of those preliminary inquiries, which included medical evidence, the SIU can confirm that it is investigating the role of one Hamilton Police Service officer in relation to this incident,” the provincial agency said in a statement Friday. There are two witness officers.
SIU spokesperson Monica Hudon said she was not able to provide further details because of the ongoing investigation but noted the officer under investigation had been at the scene.
The timing of the announcement has nothing to do with other investigations into the matter, including the internal Hamilton Paramedic Service probe and the Niagara Regional Police Service investigation into the paramedics.
“The SIU had to wait for the results of preliminary inquiries, which included medical evidence,” Hudon said. “The status of other investigations had no impact on the SIU’s investigation.”
Hamilton police spokesperson Jackie Penman said the service could not comment on an ongoing SIU matter.
However, in December, shortly after the homicide, police Chief Eric Girt said he did not believe the case met the SIU’s mandate.
“We do not believe the threshold (was) met and they’re aware of that. If they choose to invoke, they can certainly do that.”
Hamilton Police Association president Clint Twolan said he maintains this is true and that there is “absolutely no concern” that any officers acted outside the law that night.
The officer under investigation is “doing fine” and is continuing active duty, Twolan said.
The association has arranged for a lawyer to represent him.
Twolan said the SIU seems to have gone back and forth several times deciding whether to investigate.
This included immediately following the shooting when the SIU looked into the matter and said it was not invoking its mandate, he said. Some time later, Twolan said, he was notified the SIU was again looking into the case; this appears to be the third time it is taking a crack at an investigation.
Publicly, however, the SIU has maintained since December and up until Friday, that it was still deciding whether to investigate.
In the paramedics’ case, Steven Snively, 53, of Hamilton and Christopher Marchant, 29, of Whitby are charged with failing to provide the necessaries of life. They are scheduled to appear in court Sept. 11. They have also been fired.
In the midst of the emergency services probes , the Hamilton police major crime unit has also conducted a separate homicide investigation into the shooting.
In that case two people were charged.
James Matheson was initially charged with accessory after the fact, but will be sentenced Oct. 30 for obstruction of justice.
The alleged shooter, Dale Burningsky King, is charged with seconddegree murder. His preliminary hearing is scheduled to begin Oct. 14.
The Al-Hasnawi family is suing paramedics, police, St. Joseph’s Hospital, King and Matheson for $10 million.
Only the hospital, which says AlHasnawi was already without vital signs on arrival, has responded with a statement of defence.
Anyone with information is asked to contact the SIU lead investigator at 1-800-787-8529.