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Alberta

Investigation concludes suspect convinced girlfriend to lie to police

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Alberta Serious Incident Response Team ASIRT

News Release from ASIRT (Alberta Serious Incident Response Team)

Investigation concluded into use of force during EPS arrest

On Aug. 1, 2018, pursuant to Section 46.1 of the Police Act, the Director of Law Enforcement (DLE) assigned ASIRT to investigate the circumstances surrounding a vehicle pursuit and subsequent arrest of a 31-year-old man. The man had been arrested by members of the Edmonton Police Service (EPS) on July 30 following a brief vehicle pursuit which had resulted in serious injury to an uninvolved pedestrian, and was terminated by intentional contact made by two EPS vehicles.

As is required by the Police Act, these events were reported to the DLE and, based on the information that was known at the time, EPS was directed to maintain conduct of the investigation. Several days later, while being interviewed in relation to that investigation, the man alleged that he had been assaulted during the course of his arrest and had sustained several injuries. This additional information was again reported to the DLE, and ASIRT was directed to assume conduct of the investigation into both the pursuit and any force used during the subsequent arrest of the affected person.

On July 30, 2018, at approximately 12:30 a.m., EPS members operating a marked police vehicle conducted a database check on a red Buick Rendezvous SUV, which revealed the vehicle’s licence plate had been reported stolen. Members followed the vehicle without activating their emergency equipment until the SUV stopped and the driver, later identified as the 31-year-old man, exited. Police then activated their vehicle’s emergency equipment, but the man re-entered the SUV and drove away at a high rate of speed.

Police followed the SUV with emergency equipment activated, and observed the SUV run a red light at 101 Street and 107 Avenue. At this point, several other EPS vehicles had entered the area and additional members were able to observe the SUV. During its flight from police, the vehicle mounted the sidewalk at 102 Street and struck a female pedestrian and a light post. Officers who observed the collision formed the opinion that the collision with the pedestrian was deliberate. Overt action had been required to mount the sidewalk and strike the pedestrian, who was standing in a well-lit area. As well, the man’s vehicle had had an unobstructed path forward with no observable reason or cause to leave the roadway and mount the sidewalk.

After striking the pedestrian and the pole, the SUV continued east on 107 Avenue, with police continuing pursuit. A second EPS vehicle remained at the scene of the collision to render aid to the female pedestrian, who had sustained numerous serious injuries. Having witnessed what appeared to be the deliberate use of the SUV to strike a pedestrian, the driver of the lead EPS vehicle indicated that he believed it was necessary to attempt to end the criminal flight using deliberate vehicle contact. He deliberately struck the rear driver’s side of the SUV, but this tactic failed to stop the vehicle. A marked police van subsequently made deliberate contact with the SUV, this time striking it head-on, and brought the SUV to a halt. The man exited the driver’s seat of the SUV and fled on foot southbound on 103 Street.

Three police officers pursued the man on foot. During this pursuit, the lead officer deployed his conducted energy weapon (CEW), which was successful in bringing the man to the ground. The officer verbally commanded the man to roll onto his stomach, as he had turned onto his back. The man was initially compliant, but resisted when officers attempted to handcuff him. The officer reactivated the CEW, and the man was handcuffed while the CEW was still activated.

Once in custody, the man was observed to be sweating profusely, making spastic movements and acting in a manner that indicated to the arresting officers that he was under the influence of methamphetamine. Accordingly, after searching him, EMS transported the man to hospital.

Medical records obtained during the course of the ASIRT investigation confirmed that at the time of his examination at hospital, the man had a two-centimetre laceration to his forehead which was not actively bleeding, two abrasions on his shoulder area and mild swelling of the front of his head. A CT scan revealed the presence of an age-indeterminate nasal fracture, meaning that doctors were unable to determine whether the nasal fracture had occurred during this event or earlier. Medical staff determined that the man was fit for incarceration, and released him from hospital that same day.

As previously indicated, shortly after he was incarcerated, EPS interviewed the man in the course of their investigation. During that interview, the man described his arrest, discussed his injuries, and asked the interviewer about the condition of the woman he had hit during the incident. Once ASIRT assumed conduct of the investigation, the man was interviewed again – this time by an ASIRT investigator. The man described his flight from police and the collision with the pedestrian but stated that a police vehicle had struck him before the collision with the pedestrian. He also stated that he did not remember hitting anyone.

The man stated that his girlfriend ran away from police following the collision but stopped to watch his arrest. He stated that she told him that at one point six police officers were beating him. The man stated that he did not remember this, but recommended that ASIRT interview his girlfriend. He further stated that at the time of the incident he was under the influence of methamphetamine, which he had used approximately five hours before the incident. He stated that his girlfriend was under the influence of heroin, which she had consumed approximately one hour before the incident.

The man’s girlfriend was interviewed twice during the course of this investigation, once by EPS and once by ASIRT. During the first interview by EPS, she stated that she had been the lone passenger in the vehicle being operated by her boyfriend. She indicated that he had lost control of the vehicle while turning and began to drive on the sidewalk before striking a lamppost. She stated that neither of them was aware at the time that they had struck a pedestrian. During the statement, she indicated that when the final collision with the police vehicle occurred, the man jumped out of the vehicle first and was pursued by police. She stated that she ran from the scene to a friend’s house, where, through a third party, she contacted her boyfriend in jail, but advised that they did not discuss the incident. In addition to describing the events, she confirmed the man’s statements regarding her use of heroin prior to the incident.

The next day, after the case was assigned to ASIRT, the man’s girlfriend was interviewed again by ASIRT investigators. During this interview, she confirmed that she had recently spoken to her boyfriend and now suggested that the police had struck the SUV, causing the collision with the pedestrian and minimizing the man’s role in the incident. She now stated that following the final collision, she ran and hid under a car that was approximately 10 to 20 metres away. As she watched her boyfriend’s arrest, she alleged she saw police assault him.

As a result of the discrepancies between their various versions of the incident and the conversations that took place between them after the man’s arrest, ASIRT investigators took the unusual step of obtaining a judicial authorization for access to the man’s communications while in custody at the Edmonton Remand Centre. The recorded calls revealed repeated attempts by the man to influence the evidence of his girlfriend in conversations directly with her and with other parties. On several occasions, the man referenced the impact that her assistance would have on his chances of getting bail on the charges arising from the incident. During two of the calls, the man’s girlfriend described the striking of the pedestrian, saying that she remembered her being in the way, running and screaming. The man advised her to downplay that aspect of the story when dealing with the police, and to state that she was not sure of the details.

During the calls, the man repeatedly exaggerated the extent of his dealings with police, stating that he had smashed four police vehicles, that he had four CEWs used upon him, had received four broken bones in his face during the incident, and had sustained dog bites during his arrest. His girlfriend’s response to these statements clearly demonstrated that she had not witnessed the arrest. It appeared that in a number of the exchanges, the man attempted to instil fear in his girlfriend in order to ensure her cooperation, and encouraged her to turn herself in to police, which he repeatedly suggested would help him.

In addition to the recorded calls, the independent evidence of three civilian witnesses and CCTV video from an area business confirmed that the man’s girlfriend did not witness his arrest as described in her second statement, but rather had immediately fled the area as she had initially described.

Despite being under no obligation to do so, each of the three police officers directly involved in the arrest of the man provided voluntary statements to ASIRT for use during the investigation. One officer acknowledged deploying his CEW during the foot pursuit of the man, which resulted in the man falling to the ground. When the man continued to struggle on the ground, and was described as actively resistant, the officer reactivated his CEW, which allowed him, with the assistance of the other two involved officers, to place the man in handcuffs. The three officers directly involved in the man’s arrest, along with all witness officers interviewed, denied participating in or witnessing any significant use of force as described by the man and his girlfriend.

On the basis of the information available to police during this incident, they were lawfully placed to arrest the man in relation to a number of Criminal Code offences, including possession of stolen property and criminal flight causing bodily harm. As the officers were engaged in the lawful execution of their duty, they were authorized by Sec. 25 of the Criminal Code to use a reasonable amount of force necessary to carry out their duties.

While the description of the amount of force used during the incident varies widely between the descriptions provided by police and the man and his girlfriend, when looking at the evidence in this matter as a whole, it is impossible to place any weight whatsoever on the versions offered by the man and his girlfriend.

In addition to the significant inconsistencies between the versions offered by both the man and his girlfriend in their own multiple statements, which would on their own significantly compromise the ability to rely upon their evidence, the recorded attempts by the man to influence the evidence of his girlfriend in hopes of convincing her to tailor her evidence to match his own is fatal to the credibility of both witnesses. Independent evidence conclusively established that the girlfriend was not present to witness the arrest.

Based on the available reliable evidence, the force used to arrest the man was both reasonable and necessary. Once restrained in handcuffs, there were no additional uses of force, and the man was taken into custody without further incident. Furthermore, it is clear from an assessment of all the evidence in this matter that the cause of the initial collision with the pedestrian was the man’s deliberate driving pattern and that there was no physical contact with the SUV by any police vehicle before the pedestrian was struck.

There are no reasonable grounds, nor reasonable suspicion, to believe that any of the officers committed any Criminal Code offence(s). The officers were lawfully placed in their actions with the man, and the force employed was reasonable and necessary in the circumstances. As such, no charges are appropriate, and ASIRT’s involvement in the matter is concluded.

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.

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Alberta

ASIRT investigations concluded on fatal officer-involved shooting involving the RCMP.

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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.

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Alberta

Alberta requests more control over provincial immigration system

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Alberta is requesting more control over its provincial immigration to address its skilled workforce shortage, including increasing Ukrainian evacuee participation in the job market.

Premier Danielle Smith has written a letter to Prime Minister Justin Trudeau asking him to re-evaluate his government’s decision limiting the number of allocations for Alberta’s provincial nominee program in 2024. Last week, the federal government informed the province it would only receive 9,750 such allotments – which is the same number of allocations Alberta received in 2023 and is less than the 10,140 for 2024 the federal government had originally allocated.

As of February 2024, Alberta accounts for just under 12 per cent of Canada’s population, but it leads the nation in net employment growth, with 42.8 per cent of the country’s employment gains between January and February 2024. By not providing the requested increase to Alberta’s provincial nominee allocations, the federal government is restricting the province’s ability to keep up with its growing labour market demands, especially as it relates to integrating Ukrainian evacuees into Alberta’s job market.

“Alberta is growing and that is good news. Since January 2023, more than 100,000 new jobs have been created in our province and our employment rate has led the country even longer. At the same time, we continue to experience labour shortages that could be resolved by welcoming skilled workers from around the world, including evacuees from Ukraine, many of whom have the exact skills that our job market most needs. Alberta has long been the economic engine of Canada and we are once again requesting Ottawa respect section 95 of the Constitution and let us welcome the skilled individuals we need into our province on our terms.”

Danielle Smith, Premier

With Alberta’s population growth at levels not seen in four decades, Alberta’s Provincial Nominee Program is best placed to address the province’s unique immigration and economic goals.

Part of Alberta’s population growth has resulted from Russia’s invasion in Ukraine on February 24, 2022. Since that time, Alberta has welcomed a significant number of Ukrainian evacuees to the province. While it is anticipated that many will return to Ukraine following the war, Alberta is also expecting a number of families to apply for permanent residency via the Alberta Advantage Immigration Program. An increase in the number of allocations from the federal government would assist these new Albertans to fill positions in the province’s workforce.

“Immigration is key to Alberta’s ability to address labour shortages and to grow our economy. This limitation imposed by the federal government on our provincial nominee program will be a very difficult pill to swallow, not only for businesses that need this skilled labour but also to the many Ukrainian evacuees who have the skills we need and wish to stay permanently in Alberta.”

Muhammad Yaseen, Minister of Immigration and Multiculturalism

Quick facts

  • The federal government through Immigration, Refugees and Citizenship Canada sets provincial immigration nomination limits. It also approves all permanent resident applications.
  • Alberta maximized its 9,750 nomination allocations in 2023, with a total of 10,029 nominations issued within the federal government administrative buffer.

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