CPTnet
July 1, 2004

ASUBPEESCHOSEEWAGONG: The Killing of Geronimo Fobister, part one

by Lisa Martens and Matt Schaaf

On August 26, 2003, police killed Anishnaabe teenager Geronimo Fobister at
Grassy Narrows.

Geronimo and another community member had threatened two other Grassy
Narrows residents early that morning, firing off a shotgun, but hitting no
one. The Ontario Provincial Police (OPP) responded to a call, and arrived
at around 10:30 A.M.. The Chief of Grassy Narrows approached the OPP to
talk with them at around 1:30 P.M.

Later that afternoon, officers found Geronimo near a path on the reserve,
lying down with a half-empty bottle of whisky in one hand and a shotgun in
the other. A negotiator talked with the youth, and at one point, Geronimo
asked if anyone there spoke Ojibway, but no one did. Around 4:30 Geronimo
said he was going to get up. The officers instructed him to sit up without
the gun, but Geronimo sat up holding the weapon.

An officer fired rubber projectiles at Geronimo from close range, hoping to
incapacitate him and get the shotgun away from him. Police officers rushed
the youth when they thought he was incapacitated. Geronimo raised his
shotgun toward the officers. Two police officers fired their service rifles
at Geronimo from a few feet away, one hitting him in the head and killing
him instantly.

On September 6, 2003, the community buried Geronimo. CPTers Art Arbour,
Nicholas Klassen and Matt Schaaf attended a reception potluck after the
funeral. Uniformed OPP officers had brought plates of cold cuts to the
potluck, but the family sent the food back to the police station.

The Special Investigations Unit (SIU), a civilian agency under the
Attorney-General's office, recovered the physical evidence and decided that
the OPP officer would not be found criminally guilty of killing Geronimo
because the officer believed he was preventing Geronimo from wounding or
killing his fellow officers.

The SIU reported to the community, and community members brought up various
opinions. After listening to the community's reactions, CPT articulated the
following concerns and opinions:

1. We are concerned that non-lethal options were not discussed with
Geronimo's family or other community members before lethal options were
used. The police did not consult with community members at all until around
1:30 in the afternoon and then it was the Chief of Grassy Narrows who took
the initiative to approach the police.

2. Non-lethal options were available to the police. They could have used
tear gas or shot him in the arms and legs.

3. Giving Geronimo more space, especially since he was lying down on his
back for well over an hour, getting advice from community members and
involving an Ojibway-speaker could have moved the decision-making process
further away from split second life and death choices.

The next legal step in the process is a Coroner's Inquest in October, 2004,
which will examine the factors leading up to Geronimo's death.
Recommendations jurors may make for preventing such deaths in the future are
not legally-binding.