By rdnewsNOW staff

officer "acted properly"

ASIRT: No wrongdoing in deadly December 2022 police-involved shooting in Maskwacis

Mar 27, 2024 | 4:17 PM

The Alberta Serious Incident Response Team (ASIRT) has concluded its investigation into police conduct related to an incident that occurred in Maskwacis on Dec. 1, 2022.

The incident, which led to the death of one man, involved actions by police who were, “acting properly in the execution of their duties.”

“There is no evidence to support any belief that any officer engaged in any unlawful or unreasonable conduct that would give rise to an offence,” writes Matthew Block, Assistant Executive Director, ASIRT, in a report released March 27, 2024.

On Dec. 3, 2022, RCMP reported that just after 1 p.m. on Dec. 1, 2022, members received a report from a concerned resident that a male had a firearm and had been firing it in a rural area.

RCMP said at the time that when officers arrived, a confrontation occurred in which an officer fired their service pistol, injuring the suspect. Officers said they gave first aid and emergency medical personnel were dispatched to the scene.

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The injured male, a 27-year-old Maskwacis resident, was taken by STARS to hospital where he was reported as being in critical life-threatening condition. On Dec. 7, 2022, ASIRT said it was investigating and confirmed that the man had died Dec. 3, 2022.

In the new report, Director Block notes that Under Section 25 of the Criminal Code, an officer is permitted to use as much force as is necessary, though the officer must believe on reasonable grounds that the force is necessary for the self-preservation of the officer or anyone under their protection.

In a summary of the case’s circumstances, it’s noted that the affected person (AP), at one point, walked toward a marked police vehicle with a rifle pointed at the vehicle and witness officer, while the officer was seated in the driver’s seat.

Moments later, the AP turned around and walked toward the other officer with the barrel of the rifle pointed upward. As the officer and AP got within five metres of each other, the AP lowered his rifle and pointed it directly at the officer, the report says.

This is when the officer fired multiple rounds and struck the AP with four bullets causing him to stumble, drop the rifle and fall to the ground. The AP later underwent emergency surgery but succumbed to his injuries.

“The use by SO of his firearm to incapacitate this lethal threat was reasonably necessary,” Block says. “The defence available to SO under s. 25 of the Criminal Code would apply.”

“The force used was proportionate, necessary and reasonable in all the circumstances,” Block concludes.

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, as well as serious or sensitive allegations of police misconduct.

The full report from ASIRT is available online.

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