Police Charge Vaughan Man Who Fired Gun to Thwart Lamborghini Theft 

Police Charge Vaughan Man Who Fired Gun to Thwart Lamborghini Theft 
A file photo of a Lamborghini luxury sports car in Vancouver, on May 16, 2019. The Canadian Press/Jonathan Hayward
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A man who fired a gun at five suspects attempting to steal a Lamborghini from a Vaughan, Ont., driveway has been charged, police say.

York Regional Police responded to a call at Pine Heights Drive, near Major MacKenzie Drive West and Highway 400, at 4 a.m. on June 12, following a report of a vehicle theft in progress.

The sound of a gunshot was heard by an emergency dispatcher who was on the phone with a caller reporting the attempted theft, Const. James Dickson told reporters during a June 12 press conference. He did not say who was speaking to the 911 dispatcher.

Officers arrested four suspects after arriving on scene, he said. Three adults and one youth were taken into custody for allegedly attempting to steal a vehicle and one suspect remains outstanding.

The 35-year-old male resident was also arrested in connection with the gunshot, Dickson said, adding that the shot did not result in any injuries.

The resident is facing four firearm-related charges, including possession of a weapon for a dangerous purpose.

“We cannot stress enough that using a firearm in a residential neighbourhood is incredibly dangerous,” Dickson said.

He said police have determined that use of a firearm was an inappropriate choice.

“It’s very fortunate in this case that nobody was hurt, but we always are saying, immediately, call 911, don’t put yourself in harm’s way, and prioritize your personal safety,” he said.  “Defending yourself is entirely based on what’s proportional and what’s reasonable.”

Three adult males are facing charges of attempted break and enter, attempted vehicle theft, disguise with intent and possession of property over $5,000 obtained by a crime, police said in a June 12 press release.

Charged are Brampton resident Moses Newton Larmond, 20, Toronto resident Troy Boca Peart, 20, and Mississauga resident Nana-Yaw Kwarten, 22, who is also facing breach of probation charges.

Kwarten was linked to an organized crime network based in Brampton and Mississauga last year when he was charged as part of “Project Warlock,” an investigation by Peel Regional Police that saw 18 suspects arrested. Police said the organized crime network was based in Brampton and Mississauga and was linked to cases of home invasions, armed robberies, and vehicle thefts throughout the region.

A 16-year-old boy from Pickering has also been charged in the attempted theft, but cannot be named under provisions of the Youth Criminal Justice Act. Police said he was out on bail for multiple outstanding charges at the time of the incident.

The investigation is ongoing and additional charges may be laid, police said.

Police Chief Jim MacSween addressed the bail and probation breaches in the press release.

“Once again, we’re seeing cases where individuals released on bail are involved in serious crimes within our communities,” MacSween said. “To ensure public safety and protect our officers, we need a bail system that effectively addresses repeat violent offenders while maintaining public confidence.”

Other Cases

Car thefts, carjackings, and home invasions have become more common in the Greater Toronto Area in recent years, but charges have rarely been laid against individuals seeking to protect their property from theft.
Section 34 of the Criminal Code mandates that individuals use force reasonably, and only when necessary to prevent harm or imminent threats to themselves or others. Under Section 35, a person can take action when someone tries to break in or steal their belongings, but that action needs to be reasonable.

While the circumstances in the Vaughan case appear to be unique, there have been cases in the past in which Canadian homeowners faced criminal charges for using firearms to shoot at intruders.

Eddie Maurice in Alberta was charged after wounding a trespasser on his rural property with a ricochet from a warning shot in 2018. He was arrested and charged by the RCMP with aggravated assault, pointing a firearm, and careless use of a firearm.

The charges were dropped six months later after Maurice had made several court appearances, which were heavily attended by community members who had rallied around him in support.

Another case occurred in Ontario a year later.

Cameron Gardiner of Collingwood, Ont., was charged in 2019 for fatally shooting two home invaders. He was charged with second-degree murder by the Ontario Provincial Police and spent six months in jail before winning bail under strict conditions.

His charges were reduced to manslaughter a few months later and were dropped in late 2020.

While York Regional Police has opted to lay charges against the Vaughn man who attempted to thwart the vehicle theft, Dickson said it will be up to the justice system to determine if any of these charges should stick.

“In a case like this, it has been determined that a firearm was not the appropriate [response],” he said. “But proportionality and reasonability is entirely determined by the courts.”

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Jennifer Cowan
Jennifer Cowan
Author
Jennifer Cowan is a writer and editor with the Canadian edition of The Epoch Times.