Lethal force vs armed suspect “justified” in Aug. 2022 case; length chase with shots fired, carjacking

ASIRT says the actions of officers during an August 2022 pursuit and shootout were justified, which included an alleged kidnapping, an armed carjacking, shots fired with tire deflation use on Highway 28, the death of one individual, and serious injuries to another.

On the morning of Aug. 8, 2022, St. Paul RCMP received a call at 7:25AM that a woman could have been assaulted and abducted by her boyfriend during a domestic dispute.

Police went to Saddle Lake, and saw a white Lincoln MKC that had been involved in RCMP pursuits just the day before, and were believed to be linked.

The vehicle fled, which set a wild sequence of events as the suspects were at-large, as they left and headed west on Highway 28.

A spike belt was deployed and damaged two of the Lincoln’s tires. However, the suspects continued to drive, weaving in and out of oncoming traffic, and forcing motorists to move onto the shoulder of the highway.

This 30 minute pursuit escalated as the female passenger drew a rifle out of the vehicle window and fired at least one shot toward police, with no damage or injury caused.

The suspects pulled into the Centex gas station in Smoky Lake and stole a red truck from a civilian, who was interviewed by ASIRT in the report. The victim said the male suspect pointed their gun at him from two metres away and yelled, “I want your vehicle.”

With concern about the proximity of civilians and the fuel pumps, the officer did fire one bullet as the truck began to move, striking the rear-view mirror from behind the truck.

However, the truck peeled away, leading to several authorities now on the lookout for the stolen vehicle. 

RCMP officers conducted a large-scale search for the truck in Smoky Lake County, eventually locating it approximately one hour later, hidden in a bush near some farmland. 

Several emergency response team officers, along with a canine handler, wadded through waist-high pea fields before spotting the male suspect stand up a distance away with rifle in hand.

One officer yelled to the suspect to drop his weapon and that he was under arrest, according to the report, but he ducked back into the peas.

The suspect then ran, angled towards one of the officers in the track team, with the gun in his right hand.

“He feared if AP2 [suspect] reached the bush line, they would lose him or make it back to Smoky Lake putting civilian and other police
containment officers in harm’s way. SO2 [Subject officer] believed AP2 was an imminent threat,” the report reads.

After the initial shot, multiple officers fired towards the suspect, and the suspect fell to the ground.

A drone then spotted the male suspect, who was “still showing signs of life.” They did not know where the female suspect or whether she had a weapon.

She was found a short time later. She had suffered a gunshot wound to the shoulder and later declared dead at the scene.

The man was eventually transported by air to the University of Alberta hospital. He did not provide a statement or testimony in the ASIRT report.

While the names of the deceased and the male suspect were not published, a followup RCMP press release on Aug. 25, 2022 said that several charges were laid against a 21-year-old man from Enoch Cree Nation.

Those included robbery with a firearm, unauthorized possession of a weapon and three counts of possession contrary to an order, two counts of pointing a firearm, as well as theft over $5000, dangerous driving, and flight from police. He was remanded into custody at the time.

The ASIRT report published on Wednesday includes interviews with the civilian witness whose truck was stolen, video captured by police vehicle during the pursuit, two witness officers, and four subject officers part of the shooting toward the suspects in the field.

One officer said that in light of the abduction belief, the female freely carried her belongings around the front passenger side of the truck during the truck theft, and eventually crawled over on the driver’s side of the truck.

“At no time did SO1 [Subject Officer 1] see AP2 [male suspect] point his firearm at AP1 [female suspect], direct her or look at her while running to the truck,” the report reads.

According to the Criminal Code, force intended to cause death of 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.

“There is no evidence to support any belief that they engaged in any unlawful or unreasonable conduct that would give rise to an offence. AP1’s death, while extremely unfortunate and tragic, does not change the analysis.”