Toronto police officer charged with murder in 2010 shooting

The Osawe family talks to reporters about the charges of second degree murder against police officer Const. David Cavanagh in the shooting death of Eric Osawe, 26, in 2010.

Peter Small and Curtis Rush Staff Reporters

A Toronto police officer charged with manslaughter in the shooting of a Toronto man in 2010 has had his charge upgraded to second-degree murder.
Const. David Cavanagh, who was with the emergency task force, was originally charged with manslaughter in the death of Eric Osawe, 26.
Osawe was fatally shot after police arrived with a search warrant and a heavily armed tactical unit at an Etobicoke apartment on Sept. 29, 2010.
This is believed to be one of the first times in Canadian history that a police officer has been charged with murder while on duty.
In 2000, Const. Randy Martin of York Regional Police was acquitted of second-degree murder in the shooting death of Tony Romagnuolo in York Region after a six-week trial.
In the Osawe shooting, the Special Investigations Unit, which investigates police incidents involving death, serious injury or allegations of sexual assault, said there was “an interaction” between Osawe and police.
Osawe, a Nigerian-born father of two, was shot and his younger brother, Ebony, 23, arrested on weapons charges when officer with the guns and gangs unit and ETF officers entered at about 1:30 a.m. on Dunbloor Rd. near Kipling Ave. and Bloor St. W.
Following Osawe’s death, Cavanagh became the subject officer of the SIU probe, while 14 other officers were questioned as witness officers.
Members of Osawe’s family were in court watch proceedings Thursday and the father, Kings Osawe, sobbed in the courtroom.
Julian Falconer, lawyer for the family, told reporters outside court that Osawe was shot in the back and he believes the evidence supports a charge of second-degree murder.
The family, including mother Magdalene and sister Esther, met with reporters and gave a brief statement.
“My family is extremely relieved that the charges have been laid and that this will be going to trial, and we really hope that justice will be served,” Esther, 25, said.
“It’s sad, but we’re just very hopeful that things will turn out good for all of us.”
Falconer said in terms of police accountability, “there is very little doubt this is a historic day.”
He said that this case is “extraordinarily rare” and that “it is by no means a day of celebration.”
Lawyer Peter Brauti, who is acting in the officer’s defence, said he can’t remember an officer being charged with murder in the performance of his duties.
“I can’t remember any circumstances coming close to this. Obviously, we find this completely shocking,” Brauti said.
Mike McCormack, head of the Toronto Police Association, told reporters that he doesn’t know what changed to bring about the new charges.
“That’s what we’re wrestling with. We’d love to know why this has occurred,” McCormack said.
A preliminary inquiry will begin Oct. 1 before the Ontario Court of Justice at College Park.