OPP officer pleads guilty to accidental shooting in Orillia

Ontario Provincial Police Const. Michael Walli pleaded guilty on Monday to accidentally shooting an 18-year-old man after a high-speed chase and risky takedown in Orillia two years ago.

The officer was set to stand trial on charges of criminal negligence, assault causing bodily harm, assault with a weapon and careless use of a firearm for the shooting that happened in an Orillia retirement home parking lot near Highway 11 and Sundial Drive.

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The incident began when officers noticed a pickup truck speed through a stop sign in the early morning hours on August 20, 2022, as items from a large toolbox fell from the tailgate onto the road.

A police pursuit ensued, with the pickup truck hitting speeds of 160km/h. The pursuit ended with the suspect truck hitting a curb, becoming airborne and crashing into a light standard and two parked vehicles in the Sundial Drive parking lot.

Walli and another officer arrived at the scene and drew their weapons, commanding the truck's occupants to exit the vehicle.

The court heard two suspects, an 18-year-old and a 16-year-old, climbed out of the vehicle through the shattered back window into the truck bed.

An Agreed Statement of Facts jointly submitted by the defence and the Crown stated Walli discharged his firearm without intending to do so, striking the 18-year-old suspect in the leg.

The court document noted that while Walli's actions of pulling out his firearm and pointing it at the suspect were warranted given the dangerousness of the situation, he should not have had his finger on the trigger, "which created the risk of an accidental discharge."

The court heard that after accidentally firing his weapon, Walli and several other officers immediately attempted first aid. Walli then went off by himself in the parking lot as officers placed the suspect into custody and appeared visibly upset.

Justice Peter West told Walli he believed he would become a better police officer because of the incident.

"You accepted responsibility for your actions. You recognize that you made a mistake and that's an important thing for a police officer," the judge stated.

"Training doesn't happen just once; it happens repeatedly because people forget, people get complacent. And they shouldn't. Especially as police officers because of the danger that they're in, frankly, all the time," West continued.

The suspect spent five days in the hospital before being taken into custody. Three months later, he pleaded guilty to theft of the vehicle and fleeing police.

Walli was handed a conditional discharge after entering a guilty plea to careless use of a firearm.

The defence acknowledged Walli could now face consequences under the Police Services Act.

"You are someone who should maintain this occupation," the judge said.

All other charges against the officer were withdrawn.

Along with a two-year probation, Walli was ordered to perform 200 hours of community service. The defence told the court that it had already completed 25 hours with victim services.