Force justified in Feb. 2023 officer involved shooting in CLFN: ASIRT

The proximity of the man who refused to leave his residence, armed with weapons, and the positions of the two officers, when shots were fired. Image: ASIRT.

The actions of two officers who shot at and killed a man, who barricaded himself inside his residence and pointed a gun at the RCMP, have been deemed reasonable and justified in the circumstances, ASIRT said.

A full report on the Feb. 4, 2023 incident published on Thursday indicates that following a domestic dispute, two officers responded to a woman’s call for help in Cold Lake First Nations, who left the house alongside her two children to go to a neighbour’s residence.

A followup call to EMS speaks to that the individual had a gun, and the woman was bleeding from the hand.

When police arrived, they spoke to the woman, who said that her husband was drunk, and believed to have a 30-30 calibre rifle.

The two officers communicated with the AP (Affected Person) — whose name was not published in the report — through the window. He said at the time that he “wasn’t going to shoot them.”

However, moments later, the tone seemed to change, according to the report.

The AP told police he had multiple guns in the house and “was not going to jail” commenting on the amount of “firepower” he had inside.

‘Drop the gun’

Police entered into an armed and barricaded situation, and requested involvement of the K-Division Member Operational Support Section and Emergency Response Team.

After other threats from the AP, he stopped communicating with police.

As the situation escalated, police took split up and took cover positions.

The report reads that as the AP had a gun in hand, “Officers yelled at the AP to “drop the gun” or “drop it” at least seven times, over a period of approximately 30 seconds,” before they almost simultaneously fired.

“An officer again commanded the AP to “drop the gun.”

After three total shots, police report they heard something hit the ground, and no communication or visuals of the AP were seen.

An autopsy concluded that the cause of death was a gunshot wound to the chest. The toxicology results showed the AP ingested alcohol, cocaine, codeine, and lorazepam some time before death.

ASIRT says that four firearms were seized from inside the residence, including a 303 calibre BNP British bolt action rifle, which was found next to the AP. None of the firearms were found loaded, however, ammunition was found next to the AP, from his open gun safe.

Witnesses, force

The CW1, the wife, reported that after an early morning disagreement, the AP held the rifle under his own chin. A struggle ensued, which resulted in her injury.

ASIRT interviewed or reviewed interviews of five civilians and seven police officers, including the subject officers.

A review of all available video of the incident, including video from two police vehicles (WatchGuard system equipped with forward-facing and rear-facing cameras) and cellphone video from one civilian witness that captured some portions of the police interaction with the AP, was undertaken by authorities. 

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

“Where the force used by an officer is intended or is likely to cause death or grievous bodily harm, s. 25(3) applies and 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,” the reports reads.

In conclusion, “There is no doubt that SO1 and SO2 responded reasonably by firing at the AP. Both officers reasonably believed they were in mortal danger when the AP began pointing his rifle at their cover positions.

“It was reasonable for the subject officers to believe that the AP risked their lives if they did not act.”