SIU Finds Officers Used Reasonable Force in Hamiltonman's Fatal Shooting

Ontario’s police watchdog has concluded its investigation into a fatal shooting involving Hamilton police officers last November, stating that the use of lethal force was reasonable under the circumstances. According to the Special Investigations Unit (SIU), the two officers involved were confronted with what they believed to be an imminent and potentially deadly threat when they encountered Erixon Kabera, a 43-year-old father of three.

The SIU’s director, Joseph Martino, announced that there are no reasonable grounds to lay criminal charges against the officers, noting that their actions were in line with the perceived threat. The incident occurred when police responded to reports of a man “acting in a threatening manner” within an apartment building. Initial accounts described an “exchange of gunfire,” but the SIU later clarified that Kabera did not appear to have discharged a firearm during the encounter.

Kabera’s family, who described him as a devoted parent and community member, continues to seek answers in the wake of the findings. In a statement, the family expressed their disappointment with the SIU’s decision and indicated they are reviewing the report as they consider possible legal avenues. “Erixon was loved by many and is deeply missed… The family is reviewing the report and considering their legal options,” the statement read, adding that they will refrain from further comment for the time being.

The SIU’s detailed report describes how Kabera, walking through the hallway of his apartment building, was holding and raising a replica handgun toward the officers. Interpreting this as an immediate threat, one officer fired as many as eight rounds. When Kabera continued advancing, the second officer discharged six to eight more shots. In the ensuing chaos, both officers lost their footing while attempting to retreat, and one dropped her service weapon, subsequently deploying a stun gun. Further shots were then fired by the other officer before Kabera finally collapsed. He was later pronounced dead at the hospital, with an autopsy confirming multiple gunshot wounds as the cause of death.

Martino emphasized that the officers’ perception of danger was reasonable, pointing out that the replica weapon closely resembled a real firearm and that a neighbor had warned police about the presence of a gun. “Under the circumstances, it made sense that the officers would use their guns to protect themselves from what they justifiably believed was an imminent threat of grievous bodily harm or death,” Martino stated.

One officer told investigators he believed Kabera had fired first; however, the SIU concluded this was likely a mistaken belief arising from confusion during the altercation. The director characterized it as “an honest but mistaken belief in the highly charged atmosphere that prevailed.”

As the case concludes from the watchdog’s perspective, the loss continues to reverberate throughout Kabera’s family and wider community, both in Canada and Rwanda.