Alberta Serious Incident Response Team
ASIRT investigation continues into RCMP officer-involved shooting causing injury in Red Deer
The photo of the item located at the scene near where the affected person fell.
From the Alberta Serious Incident Response Team (ASIRT)
On March 12, the Alberta Serious Incident Response Team (ASIRT) was directed to investigate an officer-involved shooting in Red Deer.
At approximately 11:16 a.m., the RCMP received a 911 call alleging a carjacking and presence of a firearm at the Walmart in Red Deer. The 911 call came from a cellphone registered to an adult male, the affected person (AP), who was the subject of a missing persons report in the Calgary area.
Upon arriving in the vicinity of the Walmart, the RCMP located an unoccupied vehicle associated to the AP. They searched the area around the Walmart with the assistance of a drone but were not able to locate the AP.
At approximately 2:17 p.m., two RCMP officers located the AP walking westbound on 67th Street in Red Deer. The officers got out of their vehicle and approached the AP. The ensuing interaction was captured on the RCMP vehicle’s recording device.
The AP would not identify himself or follow the officers’ directions. The AP then ran at the officers and produced an item resembling a firearm from his jacket pocket, which he pointed at the officers. One officer fired his firearm and the other fired a non-lethal projectile.
The AP was hit with rounds from the firearm and fell to the ground. He received treatment and was then airlifted to a Calgary hospital, where he remains.
ASIRT’s investigation will examine the use of force by the officer. No additional information will be released.
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.
Incident investigation report from the Alberta Serious Incident Response Team (ASIRT)
Introduction
On December 22, 2022, the Alberta Serious Incident Response Team (ASIRT) was directed pursuant to s. 46.1 of the Police Act to investigate a then non-fatal Royal Canadian Mounted Police (RCMP) officer-involved shooting. The shooting of the affected person (AP) was reported to have happened during an interaction with him, as a result of him being a suspect in a complaint of a man with a gun.
While AP initially survived, he died of complications from the shooting the following day.
ASIRT’s Investigation
ASIRT’s investigation was comprehensive and thorough, conducted using current investigative protocols and principles relating to Major Case Management. Information from civilian witnesses, the subject and a witness officers, and importantly video recordings provided sufficient information to determine whether the force used by the subject officer during this incident was reasonable.
Circumstances Surrounding the Officer-Involved Shooting
On December 01, 2022, Maskwacis RCMP received a call reporting that a male [AP] had been drinking and left the caller’s house with a gun. AP was shooting the gun in the country (believed to be the area around the residence). Two RCMP officers responded.
Witness officer (WO) located AP walking on the road with a rifle. AP walked toward WO’s marked police vehicle with the rifle pointed at the vehicle/WO, while WO was seated in the driver’s seat. WO then exited his vehicle with his carbine rifle and moved to the rear of his vehicle while AP kept the rifle pointed at the police vehicle. The subject officer (SO) arrived on scene, but came from the opposite direction. AP turned around and walked toward SO with the barrel of the rifle pointed upwards. SO exited his police vehicle with his service pistol drawn and walked toward AP while he
repeatedly provided verbal direction to AP to drop the firearm. AP and SO were walking toward each other; at that time AP still had the barrel of the rifle pointed upward. As SO and AP got within approximately five meters of each other, AP lowered the barrel of the rifle and pointed it directly at SO. SO fired multiple rounds and struck AP with four rounds causing AP to stumble, drop the rifle and fall to the ground. AP initially survived the shooting and was transported to an Edmonton hospital, where he underwent emergency surgery. The following day, AP succumbed to his injuries.
Analysis
The subject officer was lawfully placed and acting in the execution of his duties in dealing with AP as a person who was the subject of a complaint about him being in possession of a firearm and shooting it off.
The Use of Force
Under s. 25 of the Criminal Code, police officers are permitted to use as much force as is necessary for the execution of their duties. Where this force is intended or is likely to cause death or grievous bodily harm, the officer must believe on reasonable grounds that the force is necessary for the self-preservation of the officer or preservation of anyone under that officer’s protection.
A police officer’s use of force is not to be assessed on a standard of perfection nor using the benefit of hindsight.
With the benefit of hindsight, time for detached reflection and knowledge of the ultimate outcome, it is easy to speculate about how things could have been done differently. That is not the standard, however, against which an officer’s conduct is measured. The question is, applying principles of proportionality, necessity, and reasonableness, whether the force used falls into a range of possible reasonable responses.
Proportionate Response
Proportionality requires balancing a use of force with the action to which it responds. Here, the subject officers were faced with an individual that was armed with a gun and pointing it in their direction. As such, the response by the subject officers in using their respective firearms to shoot AP was proportionate to the threat of death or grievous bodily harm that he reasonably posed to both of them.
Reasonably Necessary
As set out previously in this report, AP presented as a lethal threat to both SO and WO given his actions in pointing his rifle at them. While WO did not shoot during this incident that does not impact the analysis of SO’s actions. Under the circumstances as then faced by SO, no other use of force options were reasonably available for attempted use. The use by SO of his firearm to incapacitate this lethal threat was reasonably necessary. Given the above, the defence available to SO under s. 25 of the Criminal Code would apply.
Conclusion
Under s. 25 of the Criminal Code a police officer is justified in doing what he or she is authorized to do and to use as much force as is reasonably necessary where he or she has reasonable grounds to do so. Force intended to cause death or grievous bodily harm is justified if the officer believes, on reasonable grounds, that the force was necessary to prevent the death or grievous bodily harm of the officer and/or any other person. The analysis under s.34 of the Criminal Code leads to a similar finding that subject officer’s actions were lawfully permitted.
After a thorough, independent and objective investigation into the conduct of the subject officers, it is my opinion that they were lawfully placed and 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. The force used was proportionate, necessary and reasonable in all the circumstances.
Alberta
Investigation reveals terrifying life and death situation faced by police officer forced to shoot attacking suspect
Figure 1 – HAWCS video showing the AP (circled in white) driving on the wrong side of the highway and forcing a vehicle off the road.
News release from the Alberta Serious Incident Response Team (ASIRT)
ASIRT’s Investigation
ASIRT’s investigation was comprehensive and thorough, conducted using current investigative protocols, and in accordance with the principles of major case management. Investigators interviewed all relevant police and civilian witnesses, and secured and analyzed all relevant radio communications.
This incident was captured on video by a Calgary Police Service (CPS) helicopter air watch community safety (HAWCS) helicopter. Some of the incident was also captured on cameras in the RCMP vehicles. These videos provide objective evidence and are therefore extremely valuable to ASIRT investigations.
Circumstances Surrounding the Incident
At approximately 1:50 p.m. on February 12, 2023, CPS received a 9-1-1 call about the affected person (AP). The caller was concerned that she was suicidal. RCMP officers responded to an area east of Calgary, and a CPS helicopter went to assist.
At 3:35 p.m., the witness officer (WO) located the AP in her vehicle on the side of Highway 564. The AP sped off and the WO followed. The CPS helicopter located the AP and the WO shortly after and began to record the incident.
The AP was driving extremely fast, including at speeds of over 175 km/h, and often on the wrong side of the highway. There were other vehicles on the road at that time. The AP drove through a stop sign at the intersection of Highways 564 and 9 and was briefly launched into the air due to her speed and the elevated intersection. The AP continued to drive on the wrong side of the highway (Figure 1).
At Highway 21, the AP turned around and travelled back west. She then briefly went off the road and into the ditch. At 3:51 p.m., the SO used a tire deflation device that punctured some of the AP’s tires. The AP then came to a stop and, at 3:52 p.m., the SO stopped his marked police vehicle behind the AP.
As the SO stopped, the AP exited her vehicle. She had a knife in her left hand and a beer in her right (Figure 2).
Figure 2 – The SO’s vehicle video showing the AP with a knife in her left hand.
The SO can be heard to yell, “drop the knife!” on the police vehicle video. The AP took a few steps toward the SO and then began to run toward him (Figure 3).
As she was running, the AP said, “I’m going to fucking kill you!” The SO said “drop the knife” repeatedly. The SO moved backwards and drew a handgun and then a conductive energy weapon (CEW).
Figure 3 – HAWCS video showing the AP running at the SO.
The AP continued to run at the SO until she reached the rear of his police vehicle, when she turned and attempted to go into the police vehicle (Figure 4).