SIU determine Hamilton police justified in fatal shooting of unarmed suspect

The Special Investigations Unit says it will not lay charges against a police officer in the fatal shooting of a Hamilton man last September.

Anthony Divers was shot and killed last year following a confrontation with police near the Hamilton GO station.

Police had been dispatched to the area following reports a woman had been assaulted. They were told the suspect may be armed.

The SIU report into the shooting noted Divers failed to respond to police commands to “stop” and “get down” on several occasions before he was shot twice.

SIU Director Tony Loparco said even though it was later determined that Divers was not armed, the officer who fired the fatal shots reasonably believed his life was in danger.

“It is clear the SO (subject officer) believed he was at risk of death or grievous bodily harm at the time he discharged his firearm. He based that belief on both his observations at the time and his knowledge of Mr. Divers’ past behaviour,” wrote Loparco.

“The SO did not have the luxury of delaying and risking his own life by waiting to see if a shot was actually fired from whatever weapon that Mr. Divers was intimating that he had hidden inside his waistband or sweater.”