Toronto Police Officer Exonerated for a Second Time
Back in 2010 Const. David Cavanagh, a member of Toronto’s Emergency Task Force, was charged for manslaughter of 26-year-old Eric Osawe. The original incident occurred when the ETF made a dynamic entry into Osawe’s apartment with a search warrant, with evidence that he was dealing cocaine and had in his possession a loaded 9mm. After the ETF gained entry they proceeded to Osawe’s bedroom where they attempted to apprehend him by relocating him to the ground in order to cuff him. After a struggle, Cavanagh discharged one bullet from his MP5 submachine gun into Osawe’s chest, killing him.
After the original preliminary hearing, the original Court Judge Michael Block dropped the murder charge and also claimed there was not enough evidence to support the manslaughter charge. The Crown lawyers tried to appeal judge Block’s decision, believing that Cavanagh went too far and exceeded his jurisdiction.
However, the appeals court also dropped the case inciting that, “The central problem for the appellant [the Crown] is that it adduced no evidence. The only evidence was that Cavanagh handled the firearm.”
Moreover, due to past actions of Osawe the court concluded that “Until the moment of his death, Mr. Osawe continued to resist. The police were not subduing a shoplifter.”
http://www.nationalpost.com/m/wp/news/blog.html?b=news.nationalpost.com/2014/04/02/toronto-police-officer-const-david-cavanagh-exonerated-again-in-2010-shooting-of-eric-osawe&pubdate=2014-04-02
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