The Special Investigations Unit has found no criminal wrongdoing by Toronto police in the Feb. 3 shooting death of Michael Eligon.

The provincial police watchdog agency concluded that the mentally ill man threatened “One of you is going to die” before he was shot in the middle of an East York street while carrying two pairs of scissors.

However, SIU director Ian Scott acknowledged that, even though he found no reason to lay charges, the tragedy raises legitimate questions such as how police are trained to deal with mentally ill people and whether front-line officers should be issued Tasers.

Those questions, he added, may be best dealt with in an inquest, if one is ordered.

The coroner’s office has told the Star the shooting meets criteria needed to call an inquest and one will be established once all investigations are complete and appeal periods exhausted.

As a general rule, an inquest doesn’t begin until about two years after a death.

“In my view, the subject officer was justified in using lethal force against Mr. Eligon,” Scott wrote in his findings Monday.

Through radio transmissions before the incident and his observations of the victim, the officer could “reasonably conclude that Mr. Eligon was an armed and dangerous individual who was non-compliant with police demands,” Scott wrote.

The 29-year-old father of one was wandering around an East York neighbourhood wearing a hospital gown, toque and socks, and carrying two pairs of scissors.

Eligon had been in Toronto East General Hospital after an involuntary admission under the Mental Health Act. However, it is not clear how he escaped from the hospital that Friday morning.

A family member told the Star Eligon was to be released that morning and she was on her way to pick him up at the time of the shooting. His foster mother told the Star that Eligon had called her several times that morning.

This information was not contained in the SIU findings.

The hospital, citing privacy issues, would not comment publicly on Eligon’s situation, but has admitted a review of procedures at the hospital was underway following the tragedy.

The SIU confirmed much of what the Star has reported previously, including the fact that three shots were fired but only one struck Eligon. One bullet hit a garbage bin and another hit a porch window.

The SIU confirmed the following events:

After leaving the hospital, Eligon grabbed two pairs of scissors from a convenience store, leading to a confrontation with the store owner, who suffered a small cut on his left hand and called 911.

Eligon then demanded car keys from two women in two separate incidents, and one incident was reported to 911.

Meanwhile, Eligon moved south to Milverton Blvd., where he attempted to break into two residences, causing one of the homeowners to call police.

These multiple 911 calls led to 12 officers in six cruisers converging on the area.

Some officers yelled at Eligon to drop the knife or knives, but he ignored all commands.

The victim then turned toward the officers and began walking toward them while one of the officers continued to yell at Eligon to “drop the knives” and “stop moving.”

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The distance between Eligon and the officers was about 10 to 12 feet (3 to 4 metres) and closing.

Eligon continued walking toward the subject officer and a witness officer, both of whom were slowly backing up toward a parked pickup truck.

According to the officers, Eligon said words to the effect of “one of you is going to die” and the subject officer warned Eligon he would shoot.

The officer fired three times, with one round striking Eligon in the right clavicle area.

Eligon fell to the ground and the officers kicked the scissors out of his hands.

In his findings, Scott determined that the subject officer felt “in imminent risk of death of grievous bodily harm.”

Asked about other use-of-force options, the subject officer told the SIU that the use of pepper spray would not have been effective at that distance (described in the report as 8 to 10 feet) and he understood that it is sometimes ineffective when used on those with a mental disorder.

The officer told the SIU that using a baton would have required him to get too close to an armed individual.

Scott accepted these assessments.

Finally, using a Taser was not an option because Tasers are not assigned to front-line police constables, Scott said.

Scott said questions such as how Eligon got out of the hospital are not directly relevant to his mandate of considering whether the officer was justified in his use of lethal force.

Since the shooting, neighbours and health-care advocates have questioned police use of lethal force in such cases.

Several interested observers will make a presentation to the Toronto Police Services Board next month, calling for improved police policies for responding to the mentally ill.

Eligon’s direct family members were notified of the findings, but have so far declined to talk to the Star.

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