SIU findings no comfort to family of victim
Edward Divers says he won’t let his brother’s fatal shooting be ‘blown over like every other’
More than 10 months after their brother was fatally shot by a Hamilton police officer, the grieving family of Anthony Divers continues its search for answers after the Special Investigations Unit (SIU) decided against pressing charges in the case.
His three siblings say they suffered “mental torture” awaiting SIU director Tony Loparco’s findings in the investigation, only to learn “absolutely nothing” new.
Divers, 36, was shot and killed after the officer responded to a call about a man who was possibly armed with a gun and had committed an assault, which they confirmed caused “a serious injury” to a woman’s left cheek on Sept. 30.
In the report, which was released late Thursday night, the police watchdog agency wrote that the officer followed Divers from a bus shelter and ordered him to “stop” and “get down.”
Divers’ right hand remained under his sweatshirt during the exchange, leading the officer to believe he was hiding a gun, Loparco wrote.
After the officer drew his gun and pointed it at Divers, demanding he show his hands, Divers reportedly turned around, lifted his right hand and took two steps toward the officer, who fired two shots. It turned out Divers was not armed. “There was nothing there that gave us any closure,” Divers’ older brother Edward said. “You can’t even grieve yet.”
“We have been sitting for 10 months knowing exactly what we’ve known since day one: That my brother was in mental crisis, unarmed, and shot and killed for nothing,” his sister Yvonne Alexander added.
The Divers’ lawyer, Roy Wellington, says it’s “unacceptable” the family and the public haven’t had access to some of the evidence used in the report, including afull transcript of a witness interview and a surveillance video.
He also said there was a lack of details about the officer.
“There’s a lot in (the report) about Tony and nothing really about the officer. He’s the one who made the decision to shoot someone,” Wellington said. “I want to know how under control this officer was.”
Loparco concluded that, at the time, the officer fired the shots, he “subjectively, had reasonable grounds to believe that his life was at risk” based on his observations and his knowledge of Divers’ past behaviour.
The woman assaulted had a restraining order against Divers, who had past violent behaviour, according to the report. The night of his death, there were reports that he was “anti-police” and possibly high on crystal meth and fentanyl.
Divers’ siblings say his history shouldn’t have affected the case, or the officer’s actions at the time.
“We all have a past and my brother was no exception. We do not deny or take pride in Anthony and neither did he. His past should not and did not play a part in his death,” Alexander said.
“It doesn’t matter about anybody’s past. Anyone who thinks that on this planet is crazy,” Edward Divers said.
They say they’ll continue to seek justice.
“Somebody has to be accountable. Not just the frontline officer. This goes up to the man that’s telling them that you need to kill if you think there’s a little bit of danger,” Divers-said. “This just can’t be blown over like every other case.”
“Regardless of what he’s hearing, he still has to have an eye, because the person he is pursuing may not have a gun, as what happened in this case,” Alexander added. “These cops have got to start learning to assess their surroundings, try de-escalation. They just automatically pull out that gun and shoot.”
Based on a statement made by a civilian witness, Loparco said he believed the officer had “no other option remaining to him other than to fire.”
Wellington hasn’t closed the door on filing a civil action against the officer, the police service or the special investigations unit. He hopes the coroner will call an inquest.
“I’m disappointed that we are here again with decisions that, in my view, are looking to exonerate officers, rather than holding them to account,” Wellington said. “Once the field work is concluded, it shouldn’t take many months for a director to render a decision.”