An investigation by Ontario's police watchdog has found no grounds to charge a Waterloo Regional Police officer in the death of former Londoner Beau Baker.
The 20-year-old was shot dead by police at an apartment in Kitchener on April 2, 2015. A probe by the Special Investigations Unit revealed he had told a 911 operator that he had a knife and intended to kill himself, but not before hurting others, including police, paramedics, and passersby.
An officer arrived at the apartment and found Baker standing on a landing near the entrance. He was holding knife, which led to the officer pointing his gun at Baker. The SIU's report says the officer told Baker he was there to help him and told him to drop the knife and get on the ground.
But according to the investigation, Baker did not comply and instead moved toward the officer while still armed with the knife. The officer stepped back before firing his gun seven times. Baker was hit in the mid-abdomen, with the bullet severing his aorta.
The officer, along with a colleague who had responded to the scene, tried to stop the bleeding but it became clear Baker had no vigal signs. The officers performed CPR until paramedics arrived. Baker was taken from the scene to St. Mary’s Hospital and pronounced dead at 10:10 p.m.
"It is clear on the evidence that the subject officer repeatedly asked Mr. Baker to drop the knife and get to the ground, and that Mr. Baker had ample opportunity to do so ahead of being shot," says SIU Director Tony Loparco. "Importantly, the evidence also strongly supports the fact that Mr. Baker was shot after making a movement forward in the direction of the officer. For his part, the officer says Mr. Baker walked quickly in his direction and he was convinced he was about to be attacked when he discharged his firearm."
The SIU suggests Baker was between three and six metres from the officer when he was shot.
"As for the number of shots fired, these rang out in quick succession – save perhaps for a brief pause after the first shot – and while Mr. Baker was still on his feet, leading me to conclude that the nature of the threat perceived by the officer did not materially change from shots one through seven,” says Loparca.
Loparca says the investigation makes it clear the officer fired his weapon with the belief he had to in order to ward off a knife attack. He says a witness told investigators that Baker had told the officer he would stab him in the face.
"While the subject officer seems to have understood he was dealing with a mentally ill individual, he would not have been aware of the full breadth and scope of Mr. Baker’s afflictions," says Loparca. "In the circumstances that prevailed at the time, I am satisfied that the officer’s apprehensions and his course of conduct were reasonable under section 34 of the Code, and that there are therefore no grounds to believe he committed a criminal offence.”
Baker attended both Sir George Ross secondary school and Fanshawe College in London.
