

Web staff, cp24.com





A Toronto police officer has been charged with second-degree murder in the 2010 shooting death of Eric Osawe.

Osawe, a Nigerian-born father of two, was fatally shot in the early hours of Sept. 29, 2010 as officers with the police' guns and gangs unit executed a search warrant inside an apartment on Dunbloor Road near Kipling Avenue and Bloor Street in Etobicoke.

Osawe's 23-year-old brother was arrested as a result of the search and charged with five firearms-related offences.

The Special Investigations Unit originally charged Const. David Cavanagh with manslaughter in connection with Osawe's death. At the time, he was released on bail and suspended with pay.

On Wednesday SIU Director Ian Scott announced that the charge has now been upgraded to second-degree murder.

It is the first time a Toronto police officer has been charged with second-degree murder.

"You're talking about the most serious charge under the criminal code," said Julian Falconer, the lawyer representing Osawe's family. "A peson's liberty for 10, 20 or 30 years is at stake. At the smae time, someone's life was cut off. It's bad news all around."

Falconer said he is "very concerned" the Attorney General's office will not resource the case properly.

"I'm concerned they'll make the mistakes that they traditionally make when Toronto police are involved. They won't have preparations," he said.

However, he said he is optimistic because of the historical nature of the charge, the crown will likely make sure the case has the support it needs.

Family reaction

Falconer said news of the updated charge is not cause for celebration, especially for Osawe's family.

"It's a serious matter, a charge of murder," he told CP24 in an interview outside his office Thursday afternoon. "I'm relieved that this matter will go to trial, tough questions will be asked."

Osawe's parents were in court today. Falconer said they have been devastated by the loss of their son.

"Confronting the person that ended their son's life isn't easy for anyone," Falconer said. "From their perspective, the process will not be over in terms of the justice system until the real questions are asked."