NRP officer who shot cop files $2.5M lawsuit against SIU, Crown
Niagara Regional Police Det. Sgt. Shane Donovan is suing Ontario’s Special Investigations Unit, its former director and the Crown Law Office for $2.5 million.
Donovan was on duty when he was involved in a 2018 cop-oncop shooting in rural Pelham. He is seeking damages for a negligent investigation he claims breached his charter rights and resulted in a false arrest.
Niagara Falls attorney Margaret Hoy represents Donovan.
Donovan shot the other officer, Const. Nathan Parker, 10 times after a verbal reprimand and disagreement turned physical while Parker was on a routine assignment to direct Pelham traffic away from an accident reconstruction Donovan was supervising on Roland Road. Donovan’s lawyer has said he fired in self-defence and feared for his life.
Parker has a work history that includes complaints from the public that he was unnecessarily violent. Three internal NRP hearings resulted in convictions under the Police Services Act.
Donovan was initially charged with attempted murder, aggravated assault and assault with a weapon. The attempted murder charge was reduced to aggravated assault and ultimately dropped in November 2019 after Crown attorney Ian Bulmer told the judge there was “no reasonable prospect of conviction.”
The lawsuit states there were no reasonable grounds for the criminal charges, and Tony Loparco, then SIU director, shouldn’t have laid them.
The SIU independently investigates Ontario incidents involving police where there has been death, serious injury or allegations of sexual assault involving a police officer.
Loparco stepped down as SIU director last spring after more than five years in the role. Joseph Martino is the current director and isn’t named in the lawsuit. Two SIU investigators, Chris Leining and Dean Seymour, are.
The Crown Law Office is the department in Toronto that oversees issues involving the administration of justice. As a result, the office undertakes high-profile prosecutions of police officers and lawyers across the province. The lawsuit lists six members of the office as defendants.
The SIU undertook a fivemonth investigation of the shooting that ended with a warrant for the arrest of Donovan in March 2019.
The lawsuit says the SIU failed to “apply reasonable investigative standards” and the investigators themselves were “incompetent.”
The lawsuit alleges the defendants failed to consult with a forensic pathologist or other qualified experts about Parker’s gunshot injuries. They also neglected or failed to take into account “Parker’s extensive background of excessive force conduct.”
The claim states the defendants “unreasonably preferred the information imparted by Parker” and failed to consider inconsistencies in his statement. They also failed to use reasonable and appropriate investigative techniques when interviewing Parker — including asking leading questions and suggesting answers which materially changed his information.
The lawsuit also alleges the investigation disregarded or failed to consider Donovan’s written statement and disregarded the seriousness of the circumstances with which he confronted on the day of the shooting. It also states the defendants applied an unreasonable standard of perfection when reviewing Donovan’s actions.
As a result of the negligence of the defendants, Donovan was unlawfully arrested, the claim states.
Donovan has been under the care of a psychiatrist and suffers from severe emotional, psychological and mental trauma, including post-traumatic stress disorder, depression, anxiety, nervousness, mood disorders, insomnia, nightmares, flashbacks and sleep disturbances.
Donovan’s reputation as a police officer has been irreparably damaged, and he has suffered a loss of income and opportunities for promotion, the lawsuit says. The significant attention in the media and on social media platforms further aggravating his mental distress and trauma.
The defendants listed have yet to file a defence. None of the allegations have been proven.
Parker, 54, was charged with assault with a weapon. That trial is set for the fall. He was shot in the leg, shoulder and abdomen and remains off work on paid long-term disability after undergoing bowel reconstruction surgery.