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Canton Police internal review: Officer didn't violate use of force policy in fatal New Year's Day shooting

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Posted at 5:54 PM, Oct 26, 2022
and last updated 2022-10-26 18:04:28-04

CANTON, Ohio — Canton Mayor Thomas M. Bernabei announced Tuesday that an internal review of a fatal Canton Police shooting on New Year's Day didn't violate the department's use of force policy.

The announcement was regarding the death of James Williams, who was shot by officer Robert Huber.

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Memorial sign for James Williams.

On the day he was killed, Williams was standing behind a fence at his home firing celebratory shots in the air with a rifle early in the morning on New Year's Day when Huber approached and shot him. The shooting was captured on the officer's body camera. The footage shows the officer firing shots into the fence and announcing police were there.

Watch portions of the body camera video from our report in January:

BCI investigating after Canton father is killed in deadly New Year's officer-involved shooting

RELATED: BCI investigating after Canton father is killed in deadly New Year's officer-involved shooting

According to the mayor, Huber acted within policy and was not disciplined for the shooting. The shooting was investigated and reviewed by the chief of police, safety director and the Use of Force Review Board. The shooting was also looked at by the Ohio Bureau of Criminal Investigation.

In his review, Canton Police Chief John Gabbard wrote, "it was not reasonable for Officer Huber to resort to any lower force option when facing an individual actively firing a high-powered rifle."

The chief called the result of the shooting tragic but also described it as an "impossible situation" to be in.

"The loss of any life is tragic. When that loss is the result of an encounter with a police officer, it often feels contrary to our mission as guardians of the community. As police officers, we are empowered with unique authority which rightly creates a need for accountability exceeding what we expect from the public. Officers, in the course of their duty, encounter impossible situations and make split-second decisions, knowing that their responses will be judged by those with the benefit of time for thoughtful examination. Still, we continue to serve, accepting the responsibility that accompanies our authority and applying the standards of accountability that the public deserves. I am satisfied that the Review Board very thoroughly considered all evidence available to them related to this incident, specifically, the detailed BC investigative report, in making their recommendation. Ultimately, however, I represent the police department, our officers and our policies. I am responsible not only for ensuring that we have processes in place that fairly examine officer conduct, but for personally holding officers to the high standards required by our profession. It is with these responsibilities in mind that I agree with the recommendation of the board and find that Officer Huber acted within policy," the chief wrote in his review.

You can read the police chief's full review of the matter below:

The mayor said he also agreed with the findings and the matter was concluded.

"This incident is tragic for the family of Mr. Williams. They have lost a husband and father and friend under tragic circumstances. My prayers go out to them. I also offer my prayers to Officer Huber and his family as well. Officer Huber who was doing his job on patrol on January 1, was placed in extraordinarily challenging split-second decision circumstances and acted through his training to confront and not walk away from an 'active shooter' incident and must now live with the trauma of this incident," Bernabei said.

In March, Williams' family filed a federal civil lawsuit against the officer for civil rights violations. To read the lawsuit, click here.

Watch our report from September, when a grand jury declined to indict the officer:

No charges for Canton Police officer who shot man on New Year's Day

RELATED: Stark Co. grand jury chooses not to indict Canton Police officer who fatally shot 46YO man on New Year's Day

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