Charges of manslaughter and criminal negligence causing death have been dropped against three Ontario Provincial Police (OPP) officers who were involved in a tragic shooting in Kawartha Lakes in November 2020 that killed 18-month-old Jameson Shapiro at the scene and, later, the life of his father.
The Barrie-based OPP Association, which represents 6,200 uniformed and around 3,600 civilian members of the OPP, announced on Monday (March 25) that all charges had been dropped against constables Nathan Vanderheyden, Kenneth Pengelly, and Grayson Cappus during a court appearance.
“It is a correct and just decision made today that the charges against our members have been withdrawn,” stated OPP Association president John Cerasuolo in a media release. “We have stated from the outset that our members acted courageously and professionally during an extremely dangerous situation. We were confident that as the case proceeded through justice system that the evidence would vindicate the officers.”
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 public speculation, Ontario’s Special Investigations Unit (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.
In August 2023, almost two years after the shooting, the SIU announced there were “reasonable grounds” to believe the three OPP officers “committed criminal offences” and each of the officers was charged with manslaughter and criminal negligence causing death.
A preliminary hearing examining the evidence in the case began in the Ontario Court of Justice in Oshawa in December 2023 and continued in January, with a publication ban on evidence presented at the hearing. The OPP Association provided no details of what happened at Monday’s hearing.
“It is important for the public to understand that if police are charged with an offence, they have the presumption of innocence, and in this case it has been determined that on the totality of the evidence there was no reasonable prospect of conviction,” Cerasuolo said. “Our officers were doing their job according to their training.”
Cerasuolo acknowledged the impact of the 2020 shooting incident on the lives of the family and on the police officers and civilian members of the OPP.
“The circumstances of this incident involving the death of an innocent child are tragic for all involved,” he says. “We offer our sympathies to the child’s family. It is our duty to serve and protect and we take that duty very seriously. Unfortunately, as police officers protect public safety in highly volatile and fast-moving dangerous situations, unexpected outcomes may result.”
Cerasuolo is encouraging anyone affected by the situation “to reach out and lean on those closest to them as well as seek professional mental health assistance,” noting that the Canadian Mental Health Association Haliburton, Kawartha, Pine Ridge offers mental health supports to residents of Kawartha Lakes, Haliburton, the city and county of Peterborough, and Northumberland. Confidential support services are available to all OPP members, families, retirees, and auxiliaries through the OPP’s Healthy Workplace Team.
