A lawyer appeared in court Tuesday morning on behalf of a London woman charged with possession of a weapon after her husband was fatally shot by police during a confrontation in Old South shortly before Christmas.
The appearance was to be Melissa Facciolo’s first, in hopes of receiving disclosure from the Crown — but the case was adjourned for six weeks. Her lawyer, Phil Millar, says he’ll return to the London courthouse Feb. 21st to see what case the Crown has against his client.
Outside the courthouse today, Millar said he was optimistic the matter would move forward, but isn’t surprised it’s taking the Crown longer.
“Her case would be faily simple, but for the fact that there’s an SIU investigation into the shooting death of her husband. That ties up a lot of evidence. That could be legitimately related to disclosure not being ready. But obviously we want to move this matter forward as soon as possible,” he said.
In the meantime, Millar says Facciolo is taking well-needed rest out of town with her family and her two young children — who he says are traumatized.
“They were speaking the day before. And after they were five to 10 feet from their dad being shot in the face, they stopped speaking,” he explained. “Very limited vocabulary since, just crying out ‘no’ all the time.”
Millar says Facciolo is still in absolute shock.
“She was ten feet away from her husband when he was shot twice in the chest and once in the face, holding her two-year-old son. There’s a roller coaster of emotions people go through there, and right after that she was put into a jail cell for five days while her kids were at home, and needed to be breastfed,” explained Millar.
The Special Investigations Unit is probing the circumstances of 35-year-old Maloney’s death, which happened during a confrontation with police on Duchess Ave. Dec. 23rd.
A London police officer was reportedly struck with a crossbow during the incident, and suffered a minor injury.
The SIU has assigned three subject officers and 18 witness officers to the case and is urging anyone with information to contact the lead investigator at 1-800-787-8529 ext. 1935.