Toronto police officer charged with second-degree murder in shooting death

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Eric Osawe is shown in a family handout photo. A Toronto police officer is facing a charge of second-degree murder in what's being called a first in the history of the force.Const. David Cavanagh was originally charged with manslaughter in the shooting death of Osawe, 26, in September 2010. It was upgraded Thursday at a court appearance from the original charge.THE CANADIAN PRESS/HO

TORONTO - A Toronto police officer is facing a charge of second-degree murder in what's being called an extreme rarity in the country and a first in the history of the force.

Const. David Cavanagh was originally charged with manslaughter in the shooting death of Eric Osawe, 26, in September 2010. It was upgraded Thursday at a court appearance from the original charge.

The Special Investigations Unit, an arm's-length agency that investigates reports involving police where there has been death, serious injury or allegations of sexual assault, laid the charge in consultation with the Crown.

It's the first time a Toronto police officer has been charged with murder for an on-the-job incident and it sends a "very disturbing message" to police, said Toronto Police Association president Mike McCormack.

"To suggest that an officer performing his duties executing a search warrant with a team would have intent to murder somebody is absolutely appalling," he said.

"We've lost confidence in the Crown attorneys' office and the SIU for our members to be treated fairly and impartially."

The Emergency Task Force and guns and gangs unit were searching an apartment in the city's west end on Sept. 29, 2010 when the SIU alleges Cavanagh shot Osawe.

He was shot in the back, said Julian Falconer, the family's lawyer.

Osawe's close-knit family has been distraught over his death, but is relieved that the "tough questions" will be asked at a murder trial, Falconer said.

"The charge that Const. Cavanagh is facing is very serious so it's not a day for celebration," he said.

"But they have a hope that justice will be done and they're relieved that a jury is going to take a serious look at this."

A police officer being charged with murder in the course of duty is "extremely rare" in Canada, but it has happened at least once previously, said Falconer. York Region Const. Randy Martin was charged with second-degree murder in the shooting death of Tony Romagnuolo. He was later acquitted.

Cavanagh's lawyer questioned why the charge was upgraded, saying as far as the defence knows there is no new evidence.

"There has been no adequate explanation given to the defence," said Peter Brauti.

"Considering this officer is a five-star police officer with an impeccable service record, I think he is owed an explanation."

Cavanagh had been out on bail on his original charge. He had to re-apply Thursday morning after the new charge was laid and was granted bail again, said Brauti's co-counsel Lawrence Gridin.

McCormack is concerned the charge will have a chilling effect on police officers, and has already heard comments to that effect from some of them.

"We have to know that when we're making split-second decisions and taking action...that our actions will be judged fairly and this clearly indicates to my members that they won't be," McCormack said.

"So I don't want police officers to be out there and hesitating when they need to take action because in the back of their mind they're thinking that they're going to be treated unfairly."

Cavanagh's preliminary inquiry is scheduled for Oct. 1.

Falconer said the family hopes the Ministry of the Attorney General will put forward the necessary resources to properly prosecute the case.

"In my decades of work in this area a reality has surfaced that these kinds of cases, these serious police accountability trials, are historically underfunded," he said.