Peel Regional Police shot Jamal Francique, a black man, during an attempted arrest on January 7, 2020. He died in hospital two days later. The Special Investigations Unit — which investigates police conduct after a death, serious injury, sexual assault or shooting of a weapon at someone — cleared officers of wrongdoing in Francique’s death last year. Police were investigating Francique for alleged drug trafficking and gun possession, the SIU said in its report. Francique’s family claims the police used excessive force against the young man. “To the Peel Regional Police Services, Jamal was nothing more than an armed black man trying to evade police arrest,” the lawsuit filed last week says. Peel Regional Police did not immediately comment. The Region of Peel, which is named in the lawsuit in connection with its paramedic service, said it will work with its insurer and legal counsel to address the claim. The SIU said it is sticking with its investigation. A person, holding a sign demanding justice for Jamal Francique, places flowers on a poster at a vigil for him. (Michael Charles Cole/ CBC) On January 7, 2020, several plainclothes police officers and their unmarked cars gathered near Francique’s home in Mississauga, Ont. They could not confirm if he had a gun or if he was dealing drugs, but decided to arrest him for allegedly violating his bail conditions, the SIU said. The family’s statement of claim said officers watched Francique leave the house and walk 200 meters to his car in a nearby lot. Police did not move until he was driving his car, the claim said, and then Francique drove through police on foot and two unmarked cars. The officers did not identify themselves as police, the lawsuit alleges, and one officer fired four shots into the car, with one bullet striking Francique in the head. The claim alleges that Francique did not pose a threat to officers who did not see a gun or weapon on him. “Rather than retreat or disengage from the vehicle, (the) Officer fired four shots in quick succession into Jamal’s vehicle, striking Jamal at least once in the head. Jamal was fatally wounded,” the claim said. “Considering all the circumstances, the use of deadly force against Jamal was excessive, unnecessary and unlawful.”
Litigation Questions SIU Report
The SIU report said officers believed Francique was an imminent threat, which the family’s lawsuit disputes. The lawsuit alleges that police never fully explained why the officers initially approached Francique “in such a hostile manner with unmarked vehicles and unloaded weapons that would undoubtedly have left Jamal feeling restricted, confused, and fearing for his life and safety as a black man.” who confronts white police officers. .” The statement of claim alleges that the officer who shot Francique “subconsciously or consciously acted on racist beliefs when he overestimated the threat posed by Jamal and used excessive force.” The SIU report said officers feared Francique had a gun. Neither police nor paramedics approached the car for 20 minutes, the lawsuit alleges. The lawsuit alleges that an officer pulled Francique from the car and kicked him repeatedly as he lay unconscious on the ground. The lawsuit also alleges that Peel’s paramedics failed to “take life support” for 20 minutes while Francique bled to death. “When the ambulance was finally called, Jamal was subjected to further neglect and injury,” the claim states. “He was further deprived of essential life-saving medical treatment when it was decided to transfer him to St. Michael’s, which is 34 km and about 33 minutes away from the site, while Credit Valley Hospital was only 2.3 km.”
Inconsistencies in the SIU report noted in the lawsuit
The family also disputes the SIU’s investigation and report. The lawsuit alleges that it took the SIU more than three hours to arrive at the scene, which it claimed “seriously undermines” the credibility and reliability of the evidence gathered. The suit also alleges that the SIU did not meet with the officer who shot Francique for nearly two hours. The lawsuit notes some discrepancies in the SIU report. The SIU said twice that Francique was shot at 5:45 p.m., but also said officers were to arrest Francique at 7:44 p.m. his bag. The family claims the SIU did not conduct “a thorough, fair and impartial investigation”. “The SIU report is an example of how callous, uncaring and dismissive the agency that is supposed to provide trust and accountability to policing is,” the lawsuit said. The SIU said it was not yet aware of the lawsuit. “The unit stands by the integrity of its investigation and will file a statement of defense,” spokeswoman Monica Hunton wrote in a statement. The family is seeking $101 million in damages. “The hope is that a substantial financial award will deter Peel Police and other police agencies from condoning and engaging in this type of excessive force and malicious prosecution that results in death,” the lawsuit said.
