Inquest called in fatal police shooting near Bobcaygeon
The Ministry of the Solicitor General has announced an inquest will be held following the death of Allan Wert.
Wert, 57, died after multiple gun shots were fired by a Kawartha Lakes OPP officer on Nov. 25, 2021, at a home on Devitts Road, north of Bobcaygeon.
The officer was cleared of any criminal wrongdoing by the Special Investigations Unit (SIU) in 2022.
An inquest into Wert’s death is mandatory under the Coroners Act and will examine the circumstance surrounding his death.
The jury may make recommendations aimed at preventing similar deaths.
According to the SIU’s report, Wert was a suspect in relation to a gasoline theft from a gas station the day of the incident.
The report states the officer went to the Devitts Road property to speak with the suspect and was confronted by Wert pointing a rifle.
“After the officer knocked on the door in the rear yard, the man exited onto the back deck while holding a rifle. The man told the officer to “Get out of here,” as he lifted and pointed the rifle at the officer,” reads the SIU’s report.
“In response, the officer shouted at the man to drop his weapon and drew his pistol. The officer discharged several rounds in quick succession.” The report states the officer fired seven rounds at the man before he disengaged. The officer then called for backup and waited for their arrival.
“When the additional officers arrived, they went back onto the property to look for the male with the rifle. They located him deceased on the rear deck of the residence,” reads the report.
It goes on to read an autopsy determined the man was struck twice by bullets, one to the left shoulder and the other to the lower left abdomen.
SIU Director Joseph Martino determined there are no reasonable grounds to believe the man’s death was the result of unlawful conduct on the part of any officer.
“There is nothing in the information collected by the SIU to cast doubt on the (officer’s) evidence that he fired his weapon believing it was necessary to protect himself from being shot by the (man),” says Martino in his decision.
“Faced with what appeared, and was, a fully functioning rifle aimed in his direction, in the hands of an individual refusing to drop it as directed to do so by the officer, I am satisfied that a reasonable person would have immediately apprehended the need to defend themselves from an imminent risk of grievous bodily harm or death with whatever was at their disposal, in this case a firearm.”
Due to this, Martino says there is no basis for proceeding with criminal charges in this case and the file has been closed.
Details regarding the date and location of the inquest will be provided when the information becomes available, the province says.