FERGUS – The family of a Fergus man shot and killed by police in August says a SIU investigation into their brother’s death has left them with more questions than answers.
On Dec. 14, the SIU released a report of an investigation into Mathias Bunyan’s death. The report said no criminal charges would be filed against the officer who shot and killed Bunyan after confirming that OPP officers were aware they were being called to respond to a person experiencing mental distress.
Bunyan’s family, which consists of three sisters and a mother, said the deadly interaction between the OPP and Bunyan represents everything wrong with how police behave towards individuals experiencing mental distress.
“We had hoped the SIU investigation would clarify what happened to Mathias and help us come to terms with his death as a family. Instead, we are left with more questions than answers,” said his family in a press release issued via the family's lawyer.
At this point, the Bunyan family has not initiated a lawsuit but it is something that they are considering, said litigation associate Akosua Matthews from Kastner Lam LLP.
Mathews said the family has two years after the death of Bunyan to consider filing a claim.
“What they are focused on right now is trying to find answers and the SIU investigation was the first hopeful step. As you can tell from the statement, the family doesn't feel like this investigation has really led to any answers,” said Mathews.
Bunyan’s family said they want to know why the OPP didn’t request mental health services as soon as they learned they were responding to a person in mental distress, why OPP officers spent an hour on scene before requesting a negotiator and an emergency response team and why OPP officers pepper sprayed Mathias after they learned the emergency response team was on its way.
According to the SIU report, the OPP received a call for domestic disturbance in a Fergus home. After an interaction with Bunyan, an OPP officer discharged a firearm and Bunyan was pronounced dead at the scene. An OPP officer had also been taken to a hospital with serious injuries following the incident.
The summarized communication between Bunyan and the OPP officers in the SIU report shows that Bunyan ‘politely asked the police to leave his apartment on four occasions and even explained that ‘he was perturbed because he did not believe the people in his apartment were police officers.’
The report says that at approximately 1:12 p.m. Bunyan stated that he wanted to kill himself but that he could not go through with it. Two minutes later, OPP officers were advised that the Emergency Response Team was on their way. The OPP officers administered repeated rounds of pepper spray, causing Bunyan to eventually leave his bedroom closet and he was shot by the subject OPP officer and died minutes later in his home.
“Mathias was suffering from poor mental health. He needed help. Instead of earning his trust and keeping him calm, police pepper-sprayed Mathias while he was cornered in a closet,” said Bunyan’s family.
“Mathias spent his final moments scared and trapped by police in his home. He retreated to his bedroom closet because he was afraid and unsure of who was on the other side. Even though he was scared, he was polite, asking the police again and again to please leave his apartment.”
Mathews said the family will be looking forward to the coroner’s inquest for which a date has not yet been set.
“Essentially anyone who dies at the hands of police or in a state facility, it automatically leads to an inquest, and that's a situation that Mathias Bunyan was in,” said Mathews.
“At the end of the day, the jury would determine the cause of death and they don't apportion blame for it but there would be some sort of coroner's determination of cause of death. Then there would be a series of recommendations aimed at addressing both the individual's concern as well as the systemic issues. And in this case, there is a real question about whether or not it is appropriate to send in armed police officers to respond to a person in distress.”
“The family is contending with a great deal of grief and unfortunately, things like an SIU investigation renew that grief and so they just want to communicate to the public that they are missing their loved one. Mathias with a person who deserved dignity, and that no one, not alone Mathias, should have faced an end like this.”
