A Toronto police officer, Constable Andrew Davis, has pleaded guilty to assault over two years following an incident where a man was shot in a park. Originally charged with aggravated assault and discharging a firearm with intent to maim, wound, disfigure, or endanger life, Davis’s charges stemmed from a Special Investigations Unit probe into the shooting of a 31-year-old man in February 2023.
On Wednesday, Davis entered a plea of guilty to lesser charges of assault causing bodily harm and careless use of a firearm. The events occurred on a morning in February when police received a call about a man, later identified as 31-year-old Devon Fowlin, who was spotted near Trethewey and Black Creek drives with a knife and an off-leash dog. The individual who alerted the police expressed concern that the man might harm the dog, prompting a police response.
Bodycam footage presented in court showed officers confronting the man in the park, asking him to drop the weapon. Fowlin, however, retreated while insisting, "I didn’t do anything." In the ensuing moments, Constable Sara Richards unsuccessfully attempted to use a taser on him. As Fowlin began to harm himself with the knife, Richards urged Davis to "shoot him." Following her command, Davis fired twice at Fowlin, resulting in severe injuries.
Fowlin was taken to the hospital where he received treatment for critical injuries to his arm and chest. He was unhoused at the time, living out of his vehicle, and had a history of mental health issues—factors that the responding officers were not aware of during the incident.
Following the shooting, Fowlin described the physical and emotional challenges he continues to face, noting, "I believe that with this outcome there was justice for everyone in this situation." He emphasized the need for more appropriate responses to such scenarios, particularly those involving mental health crises.
Constable Davis is due for sentencing on October 2, with a subsequent police tribunal hearing scheduled to follow, having been previously stayed pending the outcome of the current case. Activist Desmond Cole, a friend of Fowlin, commented on the situation, asserting that the current measures of justice are insufficient. "A homeless person living in a park by themselves, minding their own business, should never have been attacked in this way," Cole stated.
David Shellnut, representing Fowlin in a lawsuit against the Toronto police, raised concerns about the directive given to Davis by a senior officer to shoot. He questioned whether a young officer, as Davis was purportedly 53 weeks into his service, would feel able to refuse such an order. The incident has raised serious questions regarding police protocols and how they handle individuals in crisis situations.
