Officer describes moments before fatal shooting of Beau Baker at coroner's inquest

The Waterloo Region Police Service officer who shot and killed Beau Baker in 2015 detailed the moments leading up to the death of the 20-year old during the coroner's inquest into Baker's death on Wednesday.

The entire encounter happened over the course of a minute.

Baker was fatally shot on April 2, 2015 by Eric Boynton. Boynton's actions were found to be legally justified by the Special Investigation Unit (SIU) six months later. According to that SIU report, Baker was armed with a knife when he was shot.

Boynton is now a patrol staff sergeant with the police service but was a patrol constable in 2015.

In response to questions by Julian Roy, the council for the inquest, Boynton explained on Wednesday that when he arrived at the apartment complex at 77 Brybeck Cres. in Kitchener, Ont., Baker was standing outside with two others. He quickly realized Baker had a knife in  his hand, which he refused to put down. 

Beau Baker, 20, was shot and killed by a Waterloo Regional Police Service officer in April 2015 outside Bakers' home on Brybeck Crescent in Kitchener, Ont. Baker had called 911 threatening to kill himself and harm others. Baker's family has said he had "documented mental health issues." Ontario's police watchdog, the Special Investigations Unit, said there were no reasonable grounds to charge the officer in Baker's death

An inquest into Baker's death is mandatory under the Ontario Coroners Act. The inquest into Baker's death began on March 20, 2023 and is being held virtually out of Toronto. The jury in a coroner's inquest makes recommendations to prevent future similar deaths. Read all of CBC's coverage of the coroner's inquest here.

When Boynton had drawn his gun, he said that Baker didn't react the way one typically would to this, and "it seemed as if Beau didn't care."

He felt that he had the duty to preserve life, explaining that he was concerned about members of the public in the building and surrounding area if the situation escalated, including the two with Baker, who Boynton was able to convince to clear away. 

Boynton acknowledged the risk to Baker, too.

He remembered Baker was approximately 4.5 metres away from him and he was elevated above him as Baker was on the stairs leading into the building. 

"For me, and for a variety of others, this is a very severe life or death circumstance," Boynton told Roy.

Boynton said that he went from yelling and demanding with Baker, to pleading with him to drop the knife. He claimed that Baker was threatening his life and said he was going to stab Boynton in the face.

Shortly after a second officer arrived on the scene, Boynton said Baker moved toward him despite the order not to. Boynton said he then intentionally fired the gun seven times, but said only a few of those shots connected with Baker.

He attempted CPR on him after the Baker had been shot.

"I have a son, too," Boynton said, becoming tearful. "And parents shouldn't have to bury their kids and for the role I played in that, I'm sorry, and it doesn't matter why or what legal justification or whatever, I can't imagine what that would be like."  

Lack of Taser but questions of effectiveness 

Neither officers at the scene had a conducted electrical weapon (CEW), also known as a Taser, that evening, Boynton said. He hadn't been trained to use one either but he claimed that it wouldn't have been effective before the arrival of the second officer. 

He said that a "CEW is a less lethal option, but it is not a perfect piece of technology," and that officers can miss. Boynton said conducted electrical weapons are effective "probably" 50 per cent of the time.  

He said that if an officer is on their own and dealing with someone with an edged weapon, a Taser wouldn't be used as a replacement to a firearm, but noted that if an additional officer or officers are on the scene with a Taser, they could attempt to deploy it.

"Regardless of the presence of a CEW, Beau's actions would've still led to the same conclusion," he said. "I would not let Beau advance with a knife at an officer that was holding a CEW with the hopes that the CEW would work."

Boynton said that he stands by how he responded to the 2015 incident. 

The inquest continues Thursday.