Use of force in Jan. 2020 RCMP-involved shooting justified: ASIRT

ASIRT has concluded that a Cold Lake RCMP officer’s use of force with his firearm was reasonable and necessary after a person was wounded during a break and enter investigation response in January 2020. 

On Friday, Nov. 24, the Alberta Serious Incident Response Team released a report by its assistant executive director, following one person sustaining a calf injury due to an officer’s gunshots. 

The 13-page document outlines the circumstances of the event, and concludes that the officer’s response was necessary and reasonable, according to Section 25 of the Criminal Code, where the officer’s safety was threatened and the use of force justified. 

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In the early morning hours of Jan. 11, 2020 at around 2:30am, Cold Lake RCMP responded to a break and enter in the south end of the city. 

A Cold Lake RCMP member already in the area attended the location and a confrontation occurred between the officer and two individuals in a car, police said in the original press release. 

Authorities say during the confrontation, events occurred that led to the officer firing his service pistol, and the two people were arrested. 

Officer fired gun four times

The report states that in an original attempt to pull over the suspect vehicle, the officer got out of the vehicle. Six seconds after he stopped, an engine revved and, two seconds later, the police vehicle was pushed back when the red car backed into it. 

The officer then came in front of his vehicle with his handgun drawn. The report says he yelled various commands at the vehicle including to get out of the car. 

“The revving sound continued, and the SO [officer] said, ‘I need help here, guys’ on his police radio. The police vehicle was pushed a second time, and the SO moved back toward the driver’s side of his vehicle while yelling to get out of the car.

“The driver of the red car started to drive in front of the police vehicle, moving the police vehicle slightly. The SO fired his handgun at the red car three times quickly and then, after a brief pause, a fourth time,” the report states.

All four shots were fired within two seconds. The entire incident occurred within the span of 24 seconds, according to the report. The officer again yelled to get out of the vehicle. The driver continued a short distance before coming to a stop.

Two fellow officers arrived at the scene shortly afterwards and told the occupants to get out of the vehicle. A 26 year old male, at the time, was wounded being shot in the left calf. A 46-year-old female passenger was also taken into custody. 

The officers called emergency medical services, who attended to the AP and then transported him to the hospital. He was released a few hours later, the report says. 

The authorities found a rifle in the back seat of the vehicle. 

Interviews

Surveillance video from the business that triggered the break and enter report shows the suspect vehicle arriving at 2:07am. 

Over the next 25 minutes until the officer in question arrives, with the wounded suspect and an unknown individual walking around the parking lot, entering vehicles, and opening the hoods of vehicles. The unknown individual appears to be carrying a firearm. 

This individual ran off once the SO arrived and did not interact with police, the report concludes. 

ASIRT conducted interviews with the parties in question. 

The person shot said that he backed into the officer and hit him only once. He thought the RCMP member was in his police vehicle when they shot at him. He did not hear any commands from the SO until after the shots. 

The individual said he had used methamphetamine earlier that evening. 

The officer also gave a full account of the incident from his perspective. He disclosed that when the suspect rammed into his vehicle a second time, he had few options to move around. 

“There was a vehicle on his right blocking his way, and if he moved to the right he would be in the AP’s [Affected Person’s] path. He moved back and to the right and the AP started driving in his direction. The SO [Subject Officer] thought he could be pinned by the AP and feared for his life. He then fired his handgun at the AP. The SO believed he fired three times.” 

‘Response was necessary’

All uses of force by police must also be proportionate, necessary, and reasonable. 

Applying the Criminal Code, the ASIRT report says no force was used until the suspect threatened with force, the actions were proportionate, and necessary. 

“This was a dynamic situation that did not give time for alternatives. In scenarios like this, it is possible that a late shot from an officer can be unnecessary if the threat presented by the vehicle has passed. However, in this scenario where the shots took place over two seconds, the threat had not passed,” the report reads. 

“The SO’s response was necessary. Finally, the SO’s response was also reasonable. The SO did not create the situation, but instead responded to the extreme danger presented by the AP.”

The names of those arrested, nor the officers in question, were released in the report.