Toronto Star

Darren McKim died after a fire under a bridge in Rosedale. Police ruled it an accident. His family says it wasn’t

Relatives question decision to close case after witnesses reported signs of assault

- MARY ORMSBY AND KENYON WALLACE STAFF REPORTERS

The fire roared amid the long shadows beneath the Mt. Pleasant Rd. bridge.

A jogger changed his path and ran toward the blaze. A woman driving on Rosedale Valley Rd. pulled over; her female passenger jumped out and sprinted towards an engulfed green tent.

In the heart of one of Canada’s wealthiest neighbourh­oods, around dinnertime on the last Friday in April, Darren McKim — a well-loved father, son, brother, cousin, friend — was burning inside.

The jogger pulled McKim from the tent. The frantic rescuers, soon joined by an off-duty paramedic, saw horrific damage. McKim’s trousers had been seared off. He was charred from the waist down. His upper body had no apparent burns but there was a fresh-looking gash on his forehead; blood covered his hands, face and pooled in his mouth.

The woman from the car, Anna Coo- per, tried to comfort him, gently stroking his arm as sirens grew louder. McKim looked at her and whispered: “Can I go home now?”

Four days later, on May 1, McKim, 50, died at Sunnybrook hospital. Alone.

The coroner on duty that day called the death “suspicious.” Hospital staff referenced an assault in several entries in McKim’s medical records. The police taped off the area as a crime scene and treated McKim as a victim of aggravated assault — a witness told police he had heard a woman shouting at McKim in his tent shortly before the fire.

Police would later change their minds.

“I have a feeling that had Darren not been ‘just an Indian living under a bridge’ that things would have been handled differentl­y. I hope that I am wrong about that.”

CARROLL MCKIM CASTLE DARREN’S MOTHER

They ruled his death an accident and closed the case, saying there was no evidence to support another conclusion. The decision devastated McKim’s family who say his name should be on Toronto’s homicide list. His family believes he was attacked, then set ablaze after an altercatio­n with a woman with whom he shared the tent — a woman police never located.

Dr. Kumar Gupta, the coroner, hasn’t released his final report but McKim’s 80-year-old mother Carroll McKim Castle, said Gupta told her during a recent phone call that her son’s cause of death was “undetermin­ed.” He did not describe it as accidental, she said.

“The more you learn about it, the less you think it was an accident,” said McKim’s sister, Lori McKim-Lang.

Carroll laid out her concerns in a blunt letter to police, copied to Chief Mark Saunders, in which she requested her son’s personal items six weeks after he died. She wrote that she was disappoint­ed that there seemed to be “no effort” to find his next of kin and that his few belongings weren’t promptly given to her.

“I have a feeling that had Darren not been ‘just an Indian living under a bridge’ that things would have been handled differentl­y. I hope that I am wrong about that.”

The police dispute the allegation.

“The case was conducted as thoroughly as possible and the only time the victim’s race was considered during the investigat­ion was when officers requested the assistance of others in identifyin­g and locating next of kin,” said spokespers­on Meaghan Gray.

She said police closed the case after receiving informatio­n from first responders, the Centre of Forensic Sciences and the coroner’s office. Det. Stephane St. George, the lead investigat­or, did not return a call and emails from the Star.

The Star obtained McKim’s hospital records, investigat­ion reports by police and the Office of the Fire Marshal; examined personal effects recovered from the fire scene, including McKim’s cellphone that held phone numbers, texts and photos; interviewe­d his family, friends and witnesses; and found gaps in the police investigat­ion.

It was a probe that seemed to lack urgency; McKim’s family wasn’t notified that he was injured in a fire until the day after he died. Darren McKim was rushed to Sunnybrook hospital with 42 per cent of his body’s surface area burned. There were fourth-degree burns to his legs; second-degree burns to his thighs, buttocks, and scrotum.

He had been intubated, soot was found in his mouth, and doctors noted a forehead laceration. Police tried to interview McKim over the weekend but were told by hospital staff that it wasn’t possible because of his condition, according to police records.

The first entry in McKim’s hospital records notes that he had been “assaulted, pushed into tent, tent set on fire. Pulled from tent by bystanders.” The hospital told the Star it got this informatio­n from paramedics. The police report also notes he had consumed alcohol.

Sunnybrook surgeons tried to mitigate the burn damage, amputating one of McKim’s legs above the knee, then the other below it. His organs began to fail. By Monday, a hospital social worker contacted police, advised them McKim was in critical condition and that locating next of kin was urgent, according to the police records.

Det. St. George requested assistance from the Toronto police Aboriginal liaison officer, who reached out to a local Indigenous cultural centre.

Police found a bank card with McKim’s name on it under the bridge. It was one of two potential names for the victim. Cooper, a Vancouver lawyer visiting Toronto who rushed to McKim’s side during the fire, had asked McKim his name. Cooper, who specialize­s in defending the rights of the homeless, thought she heard “Garrett” and passed that detail to firefighte­rs at the scene.

That informatio­n may have initially slowed the search to identify McKim, because “Garrett” was not a name on the bank card.

McKim had been identified in Sunnybrook hospital with help from a social worker who also provided a phone number for Carroll, but it was out of service, and she wasn’t reached.

McKim’s cellphone, which was not password protected, had also been collected but it’s not known who found it — paramedics and firefighte­rs also raced to the fire scene — or what happened to the phone before it ended up in a police evidence locker along with McKim’s keys and earbuds.

What is known is that his family was not contacted the night of the fire or the day after that. Or the day after that. Or the day after that. Darren John McKim was born Darren Earl Petawayash into the Long Lake #58 Band in Kenora District on Jan. 13,1968. His mother, Shirley Skead, was Ojibwe, as was his father, Richard Petawayash, later known as Richard Bedwash — an acclaimed artist who studied under legendary Ojibwe painter Norval Morrisseau.

By the age of 3, the boy had been in two French-speaking foster homes, with the local children’s aid society offering him for adoption.

A picture of McKim — in a short-sleeved yellow shirt and striped trousers, his dark hair is brushed neatly to one side and his eyes wide as he looked at the camera — was mailed to a white couple in Lucknow, Ont., a town about 125 kilometres north of London.

“We loved him before we met him,” said Carroll, smiling at the old photograph cradled in her hands. She and her husband, Jack, had three small children of their own and wanted to adopt a son.

McKim, his older brother and countless other Indigenous children were part of what would later be called the Sixties Scoop. When asked by Bruce County Children’s Aid if they’d accept a “mixed race” child, Carroll, who was a nurse, and Jack, who was a doctor and is now deceased, said yes.

The couple flew to Winnipeg, then Kenora to meet McKim at the children’s aid office. They returned to Lucknow with their new son. There, his English skills improved quickly while surrounded by attentive siblings Kathryn, Lori and Scott.

“I don’t remember us ever thinking that as kids, he wasn’t one of us,” said Lori, a teacher in Waterloo.

The McKims were Christians but Carroll said they encour- aged McKim to explore his Indigenous heritage. Carroll was friends with the wife of the Cape Croker chief, who selected the name Gahwenobin — the Chosen One — for the young boy.

As a youth, McKim ran, skied, played hockey and tennis, played in the school band and attended local powwows.

Carroll said “it only started to go wrong” when he was about 15 and like many teenagers, started experiment­ing with alcohol. His rebellious streak coincided with Jack’s death in 1984. McKim would leave home for periods of time. He dropped out of school after Grade 9 (he earned his high school diploma in 2011) and worked as a waiter, then a chef.

His drinking became a source of tension in the family, though McKim always kept in close touch with his mother.

At 21, McKim married and had a daughter (who lives in Vancouver). The marriage was short-lived and he began to roam afar — a lifestyle that connected him with blood relatives across Canada but periodical­ly led to him living on the streets.

For a large part of his life, he called Toronto home.

“He loved to go to the theatre; he saw Les Mis every time it played,” his mother said.

McKim was an industriou­s, well-liked worker.

In Toronto, he was employed as a chef, a bicycle courier, shovelled snow and cleaned yards. He also collected bottles.

“He was very humble,” said Melanie Montour, an Indigenous artist who in the early 2000s volunteere­d with McKim to cook for community gatherings.

McKim tried to control his drinking as an active member of Alcoholics Anonymous. There were minor scrapes with police. Some jail time, the result of fights. Probation periods — in Toronto and elsewhere. He was chronicall­y underhouse­d; often couch surfing or living outside. When he slept on Toronto park benches, Carroll said mother and son would spend time on those benches when she visited “because he had no place else to take me.” In the summer of 2017, McKim celebrated. He had been matched by a city social service to an apartment in the Upper Beaches neighbourh­ood. Carroll took a photo of her son in his new place last December. He held that apartment for eight months, until the day of his death.

Around 5:30 p.m. on April 27, Roger St. Louis, who sleeps rough in the Mt. Pleasant Rd. bridge area, told police he was walking past McKim’s green tent and heard a woman shouting. St. Louis told the Star that McKim and the woman were “in love” and seemed to be arguing about another woman.

“Don’t you ever touch my friend again,” St. Louis says the woman yelled twice before opening the tent flap and looking at him, according to the heavily redacted police report. He also told police a woman had “moved in” with McKim earlier in the week but on that Friday, the pair “were arguing all day.”

Within about an hour of the argument, McKim was on fire.

St. Louis described the woman to police: “Aboriginal, mid-20s, small build, with light brown/dark blond shoulderle­ngth hair, and wearing a blue/ grey baseball cap.”

He gave the Star the same informatio­n, plus a nugget more: Since the day of the fire, she hasn’t returned to the valley under the bridge.

Police spokespers­on Gray told the Star that officers went to the fire scene to look for her on April 30, the Monday after the fire, “and again for several days after that.”

McKim’s family says that delay would give any potential witness plenty of time to disappear.

“They’ll be long gone,” said McKim’s sister, Lori. “Because they didn’t investigat­e right away.” Two of McKim’s cousins,

Ronald Momogeeshi­ck Peters and Stephen McGillis, who were close to McKim and spent time with him in Toronto, say there was little word in the Indigenous community about a police investigat­ion.

McGillis said he was storing his belongings at McKim’s apartment when McKim died. McGillis questions the scope of the investigat­ion.

“I really feel that there was really not very much done because I wasn’t even interviewe­d,” said McGillis, whose phone number and photograph were in McKim’s cellphone.

The police report does not indicate officers visited McKim’s apartment.

Carroll and Lori said they were surprised that McKim was living in a tent during the last week of his life but understood that sometimes he liked to drink with friends who lived downtown.

An investigat­or for the Ontario fire marshal’s office, James Gillespie, conducted his own probe and came up with two scenarios that “could not be eliminated”: careless smoking — cigarette butts were found near the tent — and “combustibl­es being placed too close to an open flame.”

Gillespie’s investigat­ion focused on the cause of the fire, not on any injuries McKim may have suffered.

Gillespie’s report speculates that clothing could have acted as an insulator for a lit cigarette resulting in a “smoldering fire” that allowed the tent’s cardboard lining to ignite. Or, McKim may have lit a fire inside or near the tent and flames spread to his clothing or the cardboard. No volatile ignitable liquids were identified in tests.

Gillespie’s report says the cause cannot be determined because both ignition sequences — which he called hypotheses in an interview with the Star — are possible. Neverthele­ss, the fire was classified as accidental.

McKim’s sister, Lori, is skeptical.

“Don’t you think that if someone is beaten up badly, and then within hours of being beaten up badly they accidental­ly catch themselves on fire, does that not sound suspicious to you?” she said.

Police spokespers­on Gray said “the decision was made that he died as a complicati­on of the burns and that he had no other injuries or indication­s of injuries that would impact the cause of death.” When asked specifical­ly whether police concluded McKim’s head wound did not play a role in the cause of his death, Gray wrote in an email that “we didn’t (and can’t) make that determinat­ion, only the coroner can.”

The night before the fire, Carroll said her son phoned and they discussed her plan to rent a private box at the Rogers Centre for a family party at a May 12 Jays’ game: Carroll was turning 80 later that month. “Darren loved the Blue Jays,” she said.

Carroll said her son didn’t call from his own cellphone — she noticed it came from a different number. He explained to her that his phone battery had died. Carroll doesn’t know whose phone he used.

The next evening — the night of the fire — she texted him: “Hope you have had a good day. Love you. Mom.”

Dr. Kumar Gupta, the coroner who came to Sunnybrook on May 1 — the day McKim died — deemed the death “suspicious” and ordered a post-mortem, according to police records. The records also noted “a large cut to his right forehead and swelling in his face was observed.” Gupta would not comment when reached by the Star.

The police report states it’s unknown if McKim was “recently assaulted.”

The Star spoke to Henry Kataquapit, a soapstone carver and McKim’s friend. Kataquapit re- called seeing him either the day of the fire or the day before, when the two smoked some marijuana at Paul Martel Park near Bloor and Spadina in the early afternoon. Kataquapit says McKim had no head wound.

If Kataquapit is correct, this means the laceration that Anna Cooper and others saw on McKim’s forehead the night of the fire was a new injury.

Cooper told the Star it appeared to her that McKim had been assaulted.

“It looked like he had been attacked because he was bleed- ing from his forehead and he had blood in his mouth,” she said.

At the hospital, photos were taken by a forensics officer, and McKim’s body was driven to the Ontario Coroner’s Office near Wilson and Keele.

Carroll didn’t find out until the next day that her son was dead.

The police never contacted her directly; she phoned them wondering if McKim was in some sort of trouble after she received a Facebook message from an Indigenous community member urging her to get in touch.

That’s when St. George told her a man had died but his identity needed to be confirmed through fingerprin­ting. Carroll said St. George called her back about an hour later. It was her son.

“My biggest heartache is that he went alone,” said Carroll, whose contact informatio­n was in her son’s cellphone. “If we had known, we would have been there … That’s the part of the whole story that hurts the most.”

“I really feel that there was really not very much done because I wasn’t even interviewe­d.” STEPHEN MCGILLIS DARREN MCKIM’S COUSIN

 ?? RICHARD LAUTENS TORONTO STAR PHOTO ILLUSTRATI­ON ?? Toronto police say the death of Darren McKim was investigat­ed “as thoroughly as possible.” He was found in a burning tent under this bridge in the Rosedale Valley in April, and died several days later in a hospital.
RICHARD LAUTENS TORONTO STAR PHOTO ILLUSTRATI­ON Toronto police say the death of Darren McKim was investigat­ed “as thoroughly as possible.” He was found in a burning tent under this bridge in the Rosedale Valley in April, and died several days later in a hospital.
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 ??  ?? Above, a 1971 photo of Darren that his parents received before adopting him. At left, Darren stands between his mother, Carroll McKim Castle, and his biological father, artist Richard Bedwash.
Above, a 1971 photo of Darren that his parents received before adopting him. At left, Darren stands between his mother, Carroll McKim Castle, and his biological father, artist Richard Bedwash.
 ?? RICHARD LAUTENS TORONTO STAR ?? A dream catcher was left at the site under the Mt. Pleasant Rd. bridge where Darren McKim died.
RICHARD LAUTENS TORONTO STAR A dream catcher was left at the site under the Mt. Pleasant Rd. bridge where Darren McKim died.
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 ??  ?? A photo Carroll McKim Castle took of Darren at his Kingston Rd. apartment last December.
A photo Carroll McKim Castle took of Darren at his Kingston Rd. apartment last December.
 ?? KENYON WALLACE TORONTO STAR ?? Ronald Momogeeshi­ck Peters, left, and Stephen McGillis are cousins of Darren McKim who were close to him. They believe Toronto police have not done enough to investigat­e McKim’s death.
KENYON WALLACE TORONTO STAR Ronald Momogeeshi­ck Peters, left, and Stephen McGillis are cousins of Darren McKim who were close to him. They believe Toronto police have not done enough to investigat­e McKim’s death.

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