Three OPP officers face manslaughter charges in November 2020 shooting of infant in Kawartha Lakes

Nathan Vanderheyden, Kenneth Pengelly, and Grason Cappus have also been charged with criminal negligence causing death

A Kawartha Lakes police vehicle blocks access to Pigeon Lake Road east of Lindsay after a police shooting on November 26, 2020 that resulting in a 33-year-old suspect and an OPP officer being seriously injured. The suspect's one-year-old son was found fatally shot in the man's pickup truck. (Photo: CBC)
A Kawartha Lakes police vehicle blocks access to Pigeon Lake Road east of Lindsay after a police shooting on November 26, 2020 that resulting in a 33-year-old suspect and an OPP officer being seriously injured. The suspect's one-year-old son was found fatally shot in the man's pickup truck. (Photo: CBC)

Almost two years after the tragic shooting of 18-month-old Jameson Shapiro in Kawartha Lakes, Ontario’s police watchdog has announced manslaughter charges have been laid against three Ontario Provincial Police (OPP) officers involved in the shooting.

A media release from the Special Investigations Unit (SIU) issued on Wednesday (August 31) states that SIU director Joseph Martino has “reasonable grounds” to believe the three OPP officers “committed criminal offences” in relation to the infant’s death, and “has caused charges to be laid against each of the officers.”

OPP constables Nathan Vanderheyden, Kenneth Pengelly, and Grason Cappus have each been charged with one count of manslaughter and one count of criminal negligence causing death.

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On November 26, 2020, the OPP responded to a report of a domestic dispute near Bobcaygeon involving a firearm, and that a 33-year-old man had abducted his infant son. When they attempted to stop the man’s pick-up truck on Pigeon Lake Road east of Lindsay, it collided with another vehicle and seriously injured an OPP officer.

Police confronted the driver and three officers fired shots at the pick-up truck, injuring the man. The body of the infant was later found in the pick-up truck, along with a handgun. The boy’s father succumbed to his injuries almost one week later.

After an initial investigation and months of speculation, the SIU confirmed in February 2021 the infant had died as a result of being shot by police.

At that time, SIU spokesperson Monica Hudon wrote in an email that the three officers involved in the shooting had “not as yet availed themselves of an opportunity to be interviewed.”

In August 2021, the SIU announced the investigation was “in a hold pattern” awaiting the results of specialized forensic testing of some of the ballistic evidence by the Federal Bureau of Investigation (FBI) in the U.S. In November 2021, the SIU announced it was reviewing the FBI’s forensic report and was continuing “to actively investigate this tragic case.” Over the following nine months, the SIU provided no further public updates on the investigation.

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In response to the SIU’s announcement of charges, OPP Commissioner Thomas Carrique issued the following statement:

“On November 26, 2020, a family suffered the tremendous loss of their child, and the Ontario Provincial Police extends to them our deepest sympathies. Our mission is to protect our citizens, uphold the law and preserve public safety. When a tragedy such as this occurs, it affects the families, the community and our whole service. It is devastating when an innocent life is lost during an incident.’

“We thank members of the public who awaited the findings of the SIU, rather than speculating on what occurred. We respect the mandate and responsibilities of the SIU and will not comment further as this matter proceeds through the appropriate court processes.”

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Rob Stinson, president of the Barrie-based Ontario Provincial Police Association, also issued a statement in response to the announcement of charges:

“This incident is a tragic circumstance for all involved. We are fully supporting our members charged and our officers and civilian staff affected, with some still off work. It has impacted many people, families, first responders, and our members. Every single day police officers make split second decisions that most will never have to make and wouldn’t want to make. This case is now before the courts. Everyone is entitled to due process. Our members have cooperated with the investigation in accordance with the law.”

 

This story has been updated with additional information about the SIU’s investigation and a statement from the Ontario Provincial Police Association.