West Kelowna cop avoids charges in arrest that left man with broken eye sockets, nose

A West Kelowna, B.C. RCMP officer who was involved in a February 2023  incident that left a hit-and-run suspect with broken facial bones was acting within the bounds of his duties, according to B.C.’s police watchdog.

The Independent Investigations Office of B.C. (IIO) said in a report issued Monday, the available evidence in the injury-causing arrest cannot support the argument of unreasonable force. In fact, it may have simply been a painful slip-and-fall caused, in part, by icy ground and intoxication.

The report from the police watchdog indicates that the officer, who is not named, was dispatched to a hit-and-run in West Kelowna on Feb. 28, 2023. When he arrived at the scene, he saw the suspect in the crash walking down an alley, away from the scene.

Evidence, according to the IIO report, indicates that the officer verbally tried to stop him, but it was to no avail.

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“The (injured person) was required to stop for the (officer),” Chief Civilian Director Ronald MacDonald said in the report. “However (the injured person) refused to comply with (the officer’s) direction to stop, which was witnessed by an independent civilian witness.”

That’s when the officer opted to use some force to stop the man.

As he reached out to grab the suspect, they slipped on snow and ice, the suspect landed on his face, breaking both eye sockets and his nose. When he told the story to others, he claimed he was “boot f—ed” though didn’t qualify what that meant, and in the end, the IIO didn’t find evidence to support that description.

“As several witnesses noted, it was dark, the ground conditions were slippery, and they were on a slight incline,” MacDonald said.

He added that while it was “unfortunate” that the man was injured, he can’t conclude that the amount of force used was unreasonable given the necessity of getting the man under control.

The IIO investigates all officer-related incidents that result in serious harm or death, whether there is any allegation of wrongdoing or not.