Grieving mother files lawsuit against police in fatal 2022 shooting

A grieving mother has filed a $57-million lawsuit against York Regional Police in connection to the death of her son.

The lawsuit, filed by Dos Santos and EVERLEX Legal Professional Corporation, alleges that her 25-year-old son, Quacey, was shot and killed with excessive and unjustified use of lethal force by officers on Oct. 10, 2022. She claims her son was shot twice while fleeing and three more times while lying on the ground incapacitated. The lawsuit alleges that the use of lethal force was excessive, negligent, and racially discriminatory.

“This is about the systemic issue of police violence against Black men,” said Santos in a news release.

The claim alleges wrongful death, assault, battery, negligence and racial discrimination, with $25 million, at a minimum, sought in punitive damages.

“This case highlights the urgent need to confront police violence and racial injustice,” said Michael Motala, counsel for the plaintiff. “The unnecessary use of force in this case is shocking, and we are committed to ensuring that the York Regional Police are held accountable for their actions.”

According to police at the time, they were called to the Universal Eventspace at Highway 7 and Vaughan Valley Boulevard for a weapons call Sunday, Oct. 9, 2022, at approximately 11:50 pm

An interaction occurred between the officers and a man, who was shot several times and transported to Sunnybrook Hospital with serious injuries. He died the next day.

The lawsuit challenges the findings of the Special Investigations Unit (SIU), which cleared the constable involved in July 2023.

Video captured the man walking in the lobby of Universal Eventspace when two police officers entered, with one officer pointing his C8 rifle at the complainant, the SIU report detailed. The man removed a firearm from the right pocket of his sweatshirt and placed it in the front waistband or pocket of his pants, according to the report.

The man then ran and, with police chasing, he appeared to be holding the firearm through the front of his pants with his left hand, while his right arm was raised upwards, according to the report. Video shows the man’s body reeling back, and then stumbling, which is believed to be the moment he was first shot, the SIU said. He rotated clockwise and collapsed behind the stage, out of the view of the camera.

“The complainant flinched and stumbled forward face-first to the floor behind the stage,” the report said. “Within moments, the complainant rolled onto his left side and reached with his right hand towards his waistband, at which point he was shot twice more by the (officer). The complainant raised his arms above his head and was handcuffed.”

The plaintiff argues that the officer’s actions were unreasonable and that systemic racism contributed to the excessive use of force.