By rdnewsNOW staff

ASIRT Investigation

RCMP officers acted reasonably in shootings

May 3, 2019 | 5:21 PM

An Alberta Serious Incident Response Team (ASIRT) investigation into two officer-involved shootings in central Alberta in 2017 has determined the officers responded reasonably.

On Oct. 13, 2017, ASIRT was directed to investigate the circumstances surrounding two officer-involved shootings that occurred the same day during a continuing event.

The first resulted in a minor gunshot wound to a 20-year-old woman. The second resulted in serious injuries to a 20-year-old man. Evidence obtained during the investigation included statements from civilian witnesses, EMS personnel, all involved officers and the occupants of the stolen vehicles, as well as radio communications and multiple available video recordings of portions of the events.

On Oct. 13, 2017 at 9:14 a.m., a man called RCMP to report that he had just been involved in a dispute with another man driving a light-coloured Chevrolet truck and when he attempted to confront the driver, the man threatened him with a large knife. There was also a female passenger in the truck. When police ran the licence plate provided and contacted the registered owner, it was determined that the truck had been stolen from the Didsbury area earlier that morning.

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During the course of the ensuing lengthy series of events, the man was shot twice, one of which shattered his left forearm, while the second shot entered his left shoulder shattering bone before becoming lodged in his spine and resulting in permanent paralysis. The woman sustained a laceration after a bullet grazed the back of her head.

Having reviewed the comprehensive investigation, Susan Hughson, QC, Executive Director for ASIRT, has determined that there are no reasonable grounds to believe that the officers involved in these events committed any criminal offence(s). As such, no officer will be charged.

Hughson’s ruling

Under the Criminal Code, a police officer is authorized to use as much force as is reasonably necessary to perform his or her lawful duties. An officer may only respond with lethal force in circumstances where he or she reasonably believes that there is an imminent risk of death or grievous bodily harm to the officer or any other person. An officer may also use lethal force to prevent flight in limited circumstances.

At the time of this incident, the involved officers were all acting in the lawful execution of their duties. There were more than reasonable grounds to believe that some or all of the occupants of both the first and second stolen trucks had committed indictable criminal offences.

In the entire course of these events, the conduct of the three individuals could objectively demonstrate the danger and significant risk to public. Multiple videos combined with the evidence of both civilian and police witnesses demonstrated that the three occupants of both stolen trucks were reckless, motivated to do whatever was necessary to evade apprehension and, in those circumstances, extremely dangerous. Both men reported that it had not been their intention to hit anyone. However, their conduct, at a minimum, would have created a reasonable apprehension that this was their intent. One person had been threatened and struck, another had been threatened with death, and the stolen vehicles had been driven towards officers in a manner that could easily have been interpreted as an intention to run them down.

Based on the actions of these three individuals, it is only good fortune that no civilian nor police officer was seriously injured or killed. At the time of the first officer-involved shooting, the circumstances created an objectively reasonable belief that there was an imminent risk of grievous bodily harm or death and, as such, officers were entitled to use lethal force. At the time of the second officer-involved shooting, once again, the circumstances created an objectively reasonable belief that there was an imminent risk of grievous bodily harm or death and both officers were entitled to use lethal force to address that threat.

ASIRT’s mandate is to effectively, independently, and objectively investigate incidents involving Alberta’s police that have resulted in serious injury or death to any person. This mandate includes incidents involving discharge of a firearm that would likely have resulted in serious injury or death had the person been struck.

(With files from ASIRT)