Toronto

Gun fired in McDonald's shooting was legal, lawyer says

2 men dead, security guard hurt after 'significant physical altercation' and 'multiple shots'

Police mark off Danforth McDonald's after shooting

A security guard won't be charged after a shooting in February inside a Danforth Avenue McDonald's in Toronto that left two men dead, police said Wednesday. (Alan Habbick/CBC)

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The lawyer for a security guard involved in the fatal shooting of two men at an east-end Toronto McDonald's early Saturday says the gun that was involved was "lawfully possessed."

Lawyer Craig Penney says his client was involved in an altercation at the restaurant and that he has since been released from hospital.

Police said on Saturday that an armed security guard, who was apparently in the restaurant to buy food, discharged his weapon following a "significant physical altercation" with two men.

Det.-Sgt. Terry Browne says the altercation took place somewhere near the food counter and there were between 15 and 20 customers and staff in the McDonald's when "multiple shots" were fired before 3 a.m.

Police say the two men, believed to be aged 25 and 40, were pronounced dead at the scene, while the security guard was taken to hospital for treatment of a hand injury.

While police have not identified the two deceased, the younger victim has been identified by friends as Donny Ouimette.

Browne says the guard, who was employed nearby, is co-operating with investigators.

Penney says his client is "grateful to be recovering from his injuries," is "appreciative of the way in which the police are dealing with the matter" and "is thankful to his company for supporting him."

"We confirm that the firearm involved was legal and that it was lawfully possessed," Penney said Sunday in an email.

McDonald's released a statement Sunday, saying the company was "saddened" by the events that unfolded at the Danforth Avenue restaurant.

"This was an isolated incident that is currently being investigated by the police and we are cooperating with them," the company said.

The restaurant where the shooting occurred was open for business on Sunday.

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