A police officer in Toronto received a sentence on Friday for shooting and injuring a man wielding a knife in a park in 2023. Constable Andrew Davis shot Devon Fowlin twice on February 27, 2023, in response to a high-priority call about a knife-wielding individual. Davis admitted guilt to charges of assault causing bodily harm and careless use of a firearm in August at the Ontario Court of Justice.
During sentencing, Justice Michael Block noted that Fowlin was in a distressed state and homeless when the incident occurred. Block observed that the officers seemed to be acting under pressure. Davis was handed a suspended sentence with one year of probation for the bodily harm charge and a conditional discharge with one year of probation for the firearm charge, allowing him to retain his position as a police officer. However, he will face a disciplinary hearing from the Toronto Police Service and will have a criminal record.
The prosecution sought a 12- to 18-month conditional sentence, including house arrest and community service, while the defense argued for a suspended sentence. They contended that Davis, a junior officer with only one year of experience, acted under the direction of a senior officer that day.
The incident unfolded at Tretheway Park East after officers were alerted to a man with a knife. While two officers used Tasers on the man, Davis fired his gun twice. Witnesses reported seeing Fowlin walking in the park with an unleashed dog, talking to himself and swinging a knife. Fowlin, who had lost his job and was living in his vehicle, had camped in the park the previous night and had consumed cannabis before the confrontation with the officers.
As officers engaged with Fowlin, he revealed a sheathed knife at his waistband and refused commands to stop moving and raise his hands. Fowlin then moved backward, ignoring orders to get on the ground. When he unsheathed the knife and brought it to his neck, one officer shouted for him to be shot. Another officer discharged a Taser, while Davis fired two shots, causing multiple wounds. Fowlin briefly fled but was later apprehended and taken to the hospital with serious injuries.
Crown attorney Ian Bulmer highlighted the impact on Fowlin’s life, noting that the shooting left him with a disabled arm and ongoing pain. In a victim impact statement, Fowlin expressed a desire for peace and wished the same for the officer and his family.
In a court statement, Davis took full responsibility for his actions, acknowledging his error in judgment and inexperience. He expressed remorse for the harm caused and stated his commitment to personal development and mental health education. Davis emphasized his aspiration to prevent similar incidents through sharing his experience in police training.
The Toronto Police Association president, Clayton Campbell, expressed satisfaction with the case’s outcome, supporting the officer and his family throughout the process. Campbell emphasized the importance of training to prevent future incidents resembling this one.