Alberta’s police watchdog has determined a Mountie didn’t do anything wrong when he shot a man in the head who fired a rifle at two officers on Dec. 1, 2015 near Edson.
RCMP went to a home to arrest 19-year-old Mickell Clayton Bailey, the lone suspect in the murders of a man, woman and teenage girl found in a rural Alberta home a few days prior.
Officers had a warrant for his arrest on two counts of first-degree murder, in the deaths of Roxanne Berube and her 16-year-old daughter Jazmine Miller, and second-degree murder in the death of Daniel Miller.
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On Tuesday, the Alberta Serious Incident Response Team (ASIRT) released its findings into the confrontation that ensued.
ASIRT said: “while negotiators were preparing to make contact with the man in the house, he exited the south side of the home carrying a bolt-action rifle with a scope.
“The man fired one shot towards the two officers on the southwest side that resulted in one of the officers immediately discharging his police service weapon in response.
“Neither officer was struck; however, the 19-year-old man sustained a single gunshot wound to his head,” ASIRT said in a news release.
The agency said officers treated the man until EMS arrived. Paramedics treated him and took him to the Edson hospital. Once he was stabilized, ASIRT said the man was flown to an Edmonton hospital by STARS Air Ambulance, where he had “multiple surgeries.”
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He was released from hospital on Dec. 23, 2015 and remanded into custody on his outstanding charges.
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After reviewing the ASIRT investigation, Executive Director Susan D. Hughson confirmed: “there are no reasonable grounds, nor reasonable suspicion, to believe the officer committed any criminal offences in relation to this matter.”
ASIRT said use of force is justified if officers believe it’s necessary to prevent the death or “grievous bodily harm” to the officer or another person.
Since the man shot at officers, ASIRT found it was reasonable to believe those two officers were at risk and the “use of lethal force was necessary” and wasn’t a criminal offence.
The case is now before the courts so ASIRT will not comment further.
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