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Police won't face charges in death of child killer

Ontario's Special Investigations Unit has exonerated Thunder Bay Police in the August 2014 death of 38-year-old child killer Kevin Guy Boucher.
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(tbnewswatch.com file photograph)

Ontario's Special Investigations Unit has exonerated Thunder Bay Police in the August 2014 death of 38-year-old child killer Kevin Guy Boucher.

In a report issued on Friday afternoon, the SIU said there were no reasonable grounds to charge any officers with a criminal offence in the incident, which occurred after eight-year-old Brandi Marie Wingert was brutally murdered and her mother was seriously injured at their Donald Street home. 

Police Chief J.P. Levesque said it wasn't a surprise that SIU intervened, because technically Boucher died in police custody, which automatically calls for an outside investigation. 

Nonetheless, he was pleased with Friday's announcment. 

"It pretty much confirms what I knew shortly after the incident, that our people responded appropriately and properly. It's the training and experience in this case," Levesque said. '

"I know the incident commander in this case is a former tactical officer, so he has a lot of background in this type of stuff. I'm pleased, but it's just a little unfortunate that it took as long as it did." 

On Aug. 11, 2014, Thunder Bay Police located a vehicle matching the Boucher's -- the estranged boyfriend of the wounded woman -- at a Wharton Road residence. After surrounding the vehicle, police attempted to negotiate with the man, who has yet to be publicly named by police. 

At 11:30 a.m., four hours after discovering the vehicle, an order was given to assault the vehicle. The man was seen bleeding from the neck as police approached, and when pulled from the car, cuts to his wrists and arms were also seen. 

"The man offered little resistance ... and was bleeding profusely," the report states. "His arms were handcuffed behind hsi back and first aid was rendered." 

The report goes on to say the man was then taken to hospital, but died in surgery. 

A bloodied fish filet knife was found on the front passenger seat of the man's vehicle. 

SIU director Tony Loparco said the police acted accordingly. 

"The police were right to exercise extreme caution as they set up around the man’s vehicle. It was their information at the time that the man had perpetrated a gruesome crime in the apartment of his estranged girlfriend, assaulting her and killing her eight-year-old daughter at about 3 a.m. It was raining at the time and the windows on the man’s vehicle were fogged, preventing the officers from seeing clearly into the vehicle," Loparco said. 

"At first, they could not be certain if anyone was in the vehicle. Thereafter, when the man began to honk the horn in response to questions from officers, they could not be sure if anyone else was in the vehicle. Moreover, the officers had reason to believe that the man had a gun; when asked to honk his horn if he had a firearm, the man did so. As it happens, the man did not in fact have a gun (although he did have a knife), but the officers were in no position to doubt the fact that he was armed and dangerous."

The unnamed officer in control of the scene, also the subject of the SIU probe, took the necessary steps to secure the safety of those in the area, as well as other officers on scene, Loparco added. 

Throughout, the officers remained mindful of the man’s well-being as well, ensuring that paramedics were close at hand to treat him should the need arise," Loparco said. 

With a perimeter established, police began to consider their options, deciding it was best for the emergency tactical unit to blitz the vehicle, after determining the man had been flagged as being a risk for suicide. It was something the offcers could not ignore, Loparco said. 

“It is evident on these facts that the officers involved in the operation leading to the man’s arrest acted lawfully and reasonably throughout. Cognizant of their foremost duty to protect and preserve life, they acted quickly and prudently to ensure the safety of the residents in the area and the travelling public," he said, noting it would have been imprudent for police to rush the vehicle any sooner than they did. 

"The balance of those considerations tipped when it became apparent that the man was grievously wounded and a lesser threat, leading to the decision to assault the vehicle and effect the arrest.  I see nothing in that decision, nor in the conduct of the officers that executed the takedown, with which to take issue.”

The SIU is an arm's length agency that investigates reports involving police when death, serious injury or allegations of sexual assault are involved. 

Levesque said he expects the regional coroner will call for an inquest, which is mandated any time a suspect dies in police custody. He's was less certain an inquest would be called into the death of the eight-year-old. 



Leith Dunick

About the Author: Leith Dunick

A proud Nova Scotian who has called Thunder Bay home since 2002, Leith is Dougall Media's director of news, but still likes to tell your stories too. Wants his Expos back and to see Neil Young at least one more time. Twitter: @LeithDunick
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