The Toronto lawyer struck by two bullets last year in a downtown shooting is accusing the province’s police watchdog of “whitewashing” the events that unfolded that day and faulting investigators for not unravelling a larger conspiracy behind his attempted murder.
Earlier this week, the Special Investigators Unit cleared a Halton Regional Police officer of criminal wrongdoing for firing three rounds at Grayson Delong as he tried to flee the scene where he’d allegedly shot lawyer Randall Barrs. Two of the officer’s bullets struck Mr. Delong, a degree of force the SIU called “legally justified” given that the gun-toting suspect was trying to escape and posed a danger to the public, according to a statement from the agency.
Mr. Barrs agrees with the SIU clearing the officer for shooting Mr. Delong, but questions why police didn’t take pre-emptive action and arrest him long before any blood was shed.
“I think they’re basically whitewashing,” he told reporters inside his downtown office, just steps from the driveway where he sustained two bullet wounds in his left leg nearly eight months ago.
“As far as I’m concerned, I didn’t have to get shot that day and [Mr. Delong] didn’t have to get shot that day.”
His contention stems from several new pieces of information that emerged in a SIU release on Tuesday.
The SIU revealed that a Halton Regional Police Service surveillance team started following Mr. Delong at 9 a.m. on Sept. 20 as part of a property-crimes investigation. The pursuit continued into downtown Toronto, where Mr. Delong parked his car, a grey Honda Civic bearing stolen licence plates, on Admiral Road, one block from Mr. Barrs’s office. He then stepped out of the Honda wearing a reflective construction vest and a blonde wig and stayed in the park for about one hour, the SIU stated.
The Halton officers suspected Mr. Delong was “preparing to commit a robbery” and alerted local police, according to the SIU. But no arrest was made. That’s where Mr. Barrs has issues.
“He was arrestable wandering around in that parkette for disguise with intent to commit an indictable offence,” Mr. Barrs said. “He’s got stolen plates on his car, he could be arrested on that. … What do [the officers] do? They do nothing.”
SIU director Tony Loparco explored this line of reasoning in the news release and came to the conclusion that, “while his activities certainly warranted suspicion, Mr. Delong was not arrestable for any offences prior to his approaching the male and discharging a firearm.”
Around 3 p.m., Mr. Delong moved the Honda from Admiral Road to Bedford Road, directly outside the law office, according to the SIU timeline. Minutes later, Mr. Barrs returned to his office on foot from a trip to Shoppers Drug Mart for paper towels.
Mr. Barrs does not consider the timing coincidental.
“Someone had to have called him to report on where I was,” Mr. Barrs said. “Where’s the other guy who called him that day to race over here? … Where’s the guy that put him up to it?”
Mr. Barrs said he is considering putting up a reward to help identify a mysterious second suspect he believes was monitoring his movements. He said one witness saw a motorcycle speeding away from the scene, but doesn’t know if Toronto police have pursued the lead.
“I’m not satisfied with where this investigation is going at this point,” he said, adding that he’s considering legal action for negligence.
Police are not obligated to share details of an ongoing investigation with victims. Mr. Delong faces 15 charges, including attempted murder.
The SIU release did not mention a possible co-conspirator. A spokeswoman referred all requests for comment on Mr. Barrs’s accusations to the Tuesday news release.
A Toronto Police Service spokesman said the investigation into the Barrs shooting is continuing and therefore couldn’t address his concerns. “If Mr. Barrs has any complaints, he can address the OIPRD [Office of the Independent Police Review Director],” Mark Pugash said.
Halton police, meanwhile, responded with a news release praising officers for helping the man now accusing them of negligence. “While we may never know for sure, these officers quite possibly saved the life of the victim who had been shot,” Chief Stephen Tanner said in the release.
Mr. Barrs, who sat throughout his meeting with reporters, said his wounded left leg is at about 80 per cent, but that his neighbourhood has yet to recover.
“Everybody that was around that day has been basically terrorized by what occurred.” he said. “I think all of us are frequently looking over our shoulder.”
Follow Patrick White on Twitter: @Nut_Graf
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