SIU finds no wrongdoing in incident

2007-03-08 / Front Page

By LAVINIA KERR Staff Reporter

Special Investigations Unit director James Cornish has completed an investigation into an incident in Shelburne last month by concluding the police were not criminally responsible for injuries suffered by Derek Kennedy, 35, formerly of Shelburne.

In a telephone interview after the SIU report was released, Police Chief Kent Moore said there was "never had any doubt in mind that the Shelburne Police and the OPP that were involved conducted the investigation in a thorough manner."

On Feb. 14, Shelburne police were called to a home on Andrew Street shortly before 3 p.m. after Mr. Kennedy entered the home of his estranged wife and barricaded himself inside the garage, He was taken to a Toronto hospital hiding in the loft. Police attempted to talk to Mr. Kennedy who refused to come down from the loft.

Shelburne police requested the OPP respond with a Tactics and Rescue Unit because of Mr. Kennedy's irrational behaviour.

When asked whether or not the situation was appropriate for a Taser to be used, Chief Moore said no, because Mr. Kennedy remained out of sight in the loft.

OPP officers used an extendible mirror and a listening device and determined that Mr. Kennedy was still and quiet.

Chief Moore confirmed police last heard a noise from him at around 10 p.m. and a decision was made around midnight to enter the loft, where Mr. Kennedy was found unconscious. and treated for chemical poisoning.

The SIU investigation determined that police clearly played no role in the injuries sustained by Mr. Kennedy.

Shelburne Police Sgt. Mark Bennett is concluding his investigation.

Chief Moore said a note was found in the loft by police, but wouldn't comment on its contents.

Mr. Kennedy, recovering from his injuries in St. Michael's Hospital in Toronto, faces charges that include break and enter, breach of probation and unlawfully being in a dwelling.

Chief Moore says the SIU investigation was a matter of protocol because the circumstances in this incident involved a serious injury.

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