Lawyer shot outside his Annex office says he's 'very unhappy' with SIU investigation

The Toronto lawyer shot in a bizarre daytime incident outside his office that involved a 51-year-old man and Halton police, is critical of the way police have handled the investigation, and he had harsh words Thursday for a just-released report by the Special Investigations Unit (SIU).  

Randall Barrs, a prominent defence lawyer, says he's "very unhappy" with the outcome of the SIU investigation and the lack of answers he's received from Toronto police. 

On Sept. 20, 2016, Grayson Delong was shot by an undercover Halton Regional Police officer — moments after Delong allegedly shot Barrs outside his Bedford Road office in the Annex.

Halton police had allegedly followed Delong from Brampton to Toronto that day. According to the SIU, the team of officers was monitoring Delong, who was a suspect in a string of property crimes in Burlington. The officers tailing him were dressed in civilian clothes and driving unmarked vehicles.

• Halton officer who wounded accused in Annex lawyer's shooting won't be charged

• Randall Barrs, Toronto lawyer shot in September, critical of police response

'Serious errors' made

The SIU, the province's police watchdog, is called in whenever someone is injured or killed in an incident involving police officers.

Barrs says he isn't surprised the officer who shot Delong wasn't charged by the SIU, but says "serious errors" were made during the investigation — so much so, that he's taken matters into his own hands, and is considering legal action against the police forces involved.

"Even though to this date, I don't know if I was the target on Sept. 20, I've used all my resources to find out what was behind this," said Barrs at a news conference he called on Thursday afternoon. 

Delong faces a string of charges in connection with the shooting, including attempted murder, and his case is making its way through the courts

"It's an issue of stark horror for all the people that live in this community — you're talking infants, children, older people ... Everybody was terrorized with what occurred. We're looking over our shoulders."

'Arrestable' before shooting

The SIU released details of the incident on Tuesday. They cleared the officer who shot Delong, but Barrs says based on the sequence of events the agency detailed, Delong could have been arrested long before he was shot — when Halton police were monitoring him in a nearby park.

"He was arrestable [sic] wandering around in that parkette with disguise with intent to commit an indictable offence. He's got stolen plates on his car; he could clearly be arrested for that," explained Barrs.

Barrs also alleges that police have had Delong's phones for several months, and he hasn't been told what was on those phones or who Delong may have been communicating with before Barrs was shot. He argues that he may recognize some of the contacts on Delong's phones and assist in the investigation, but hasn't been asked by 53 Division.

A spokesperson for the Toronto Police Service would not comment on the case, and said if Barrs wants to complain about the investigation, he should contact the Office of the Independent Police Review Director.

The SIU referred CBC Toronto back to Tuesday's news release.

'It's a miracle I'm here'

According to Barrs, Delong has 63 convictions and was under a "firearms prohibition" when the incident occurred. CBC Toronto has previously confirmed Delong had an extensive record in the courts.

"It's a miracle I'm here talking to you. It's a bigger miracle that some other people weren't killed that day," he added. "This could have been a lot worse."

Barrs alleges "gross negligence" and "civil negligence" during the investigation and from the undercover officers. He adds that he still suffers from muscle and nerve damage, and isn't yet "100 per cent."

Timeline of events

Here's a timeline of how the Sept. 20 incident unfolded, according to an SIU release:

• Halton officers started following Delong in Brampton on the morning of Sept. 20.
• Officers followed Delong "over the next several hours" into downtown Toronto.
• Delong parked on Admiral Road, got out of his car wearing a blond wig and a reflective construction vest.
• He walked to a nearby park, where he stayed for about an hour.
• Halton officers became concerned that he was preparing to commit a robbery and called Toronto police.
• Around 3:00 p.m., Delong got back into his car and drove to 23 Bedford Rd.
• An officer went into the stairwell of a nearby building that gave him a clear view of Delong's car.
• Delong got out of the car and ran up behind a man who was standing in the driveway of 23 Bedford Rd.
• As the male turned around, he was shot twice in the left leg.
• After hearing gunshots, the officer from the stairwell ran onto Bedford Rd.
• Delong got back in his car while carrying a dark object which officers believed was a gun.
• The officer from the stairwell took out his gun and began walking toward Delong's car.
• He pointed his gun at the car and yelled "police" three times.
• Delong started to drive away, appeared to shoot out the driver's side window.
• The officer fired at the car three times.
• Other officers in the Halton surveillance team boxed in Delong's car and brought it to a stop.
• Delong was  found lying across the front passenger seat, suffering from two gunshot wounds.
• Officers administered first aid until paramedics arrived.