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WARNING: This story contains distressing details.
Ontario’s police watchdog has cleared a Nishnawbe Aski Police Service (NAPS) officer of wrongdoing in connection with the death of a man in Deer Lake First Nation who was shot five times.
The 40-year-old man, identified by his family as Eric Nothing, died on July 22 in the remote Oji-Cree community, about 580 kilometres northwest of Thunder Bay, where fewer than 1,200 people live.
The province’s Special Investigations Unit (SIU) said officers attended a residence in the First Nation with two arrest warrants for Nothing: one for assault with a weapon and the other for failing to comply with a court order as well as domestic assault.
“The man [Nothing] grabbed two knives and refused to drop them, going in and out of the home. The man eventually emerged from the home with two knives and his shirt on fire, running toward an officer,” the SIU said in its report issued Wednesday.
“The officer fired five shots at the man. He collapsed and was pronounced deceased at the nursing station.”
‘Officer shot the man to protect himself’: SIU director
The SIU is an independent government agency that investigates police conduct resulting in death, serious injury, sexual assault or the discharge of a firearm at a person.
Ultimately, SIU director Joseph Martino “was satisfied that the officer shot the man to protect himself from a reasonably apprehended knife attack,” the agency said.
A year earlier, Nothing’s father, 57-year-old Bruce Wallace Frogg, was shot and killed by an Ontario Provincial Police (OPP) officer in Kenora. The SIU determined there was no basis to lay criminal charges in connection with Frogg’s death.
In Nothing’s case, the SIU assigned two investigators and two forensic investigators. A total of seven civilian witnesses and two witness officials were interviewed, while the police officer in question — referred to as the subject official — declined to be interviewed, “as is [their] legal right,” the SIU said.
Though Martino said there were opportunities for police to use a conducted energy weapon (CEW) against Nothing, “I am unable to fault the officers for choosing instead to continue with their efforts to de-escalate the situation through verbal communication.”
“As for withdrawal or retreat, these were not viable options given the presence of women and children in the house, whose safety would have been on the minds of the officers,” Martino said in his report.
The post-mortem examination wasn’t received by the SIU until Nov. 25, the report noted.
CBC News has reached out to Nothing’s family as well as Deer Lake’s chief for comment on the SIU report and is waiting to hear back from them.
In the summer, Joshua Frogg, Nothing’s uncle, said his nephew grew up in Wapekeka First Nation and moved to Deer Lake after getting married.
He described Nothing as an intergenerational residential school survivor, and said he was a hard worker and a good person.
During the community’s evacuation earlier this year due to a nearby wildfire, Nothing stayed behind to help with building maintenance and look after people’s pets.
At the time, Joshua had called for a separate agency to look into Nothing’s death instead of the SIU, citing concerns with the agency being staffed by former police officers.
A national Indian Residential School Crisis Line has been set up to provide support for former students and those affected. People can access emotional and crisis referral services by calling the 24-hour national crisis line: 1-866-925-4419.
Mental health counselling and crisis support is also available 24 hours a day, seven days a week through the Hope for Wellness hotline at 1-855-242-3310 or by online chat at www.hopeforwellness.ca.
