The family of Steven Nguyen is disappointed with the Alberta Serious Incident Response Team’s investigation into his death.
Nguyen was fatally shot by police in June 2021.
While ASIRT found there are reasonable grounds to believe an offence was committed, charges will not be laid.
The ASIRT report, released Wednesday, said that Nguyen was holding a cell phone when a police officer shot him multiple times.
“What happened to my brother should have never happened,” said Melisa Solano, Nguyen’s sister. “He was unarmed. He had no weapons. He didn’t deserve to die. We are shocked.”
On that night, Const. Alex Doduk and another Edmonton police officer were responding to a call about a suspicious person holding a weapon, ASIRT detailed.
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The officers told investigators that when they arrived, they saw Nguyen carrying a bag and that he had an item with a handle sticking out of his pocket.
In a written report provided to ASIRT, Doduk said he fired after Nguyen pulled out what he thought was a gun and pointed it.
“He was a father. He was a son,” Solano said. “He was somebody to somebody. He was an uncle. And what happened to him was not right. It was not fair.”
ASIRT said there are reasonable grounds to believe an offence was committed.
The police watchdog asked Crown prosecutors for an opinion on whether a culpable homicide charge should be considered.
The prosecution service did not recommend charges, ASIRT said.
“The Crown prosecutor assessed all the circumstances of this event and the potential admissible evidence and determined it could not be proven that the actions of the officer were unreasonable,” the Alberta Crown Prosecutor Service said in a statement to Global News.
“In hindsight, the perception of the constable was mistaken, and the result was tragic, but the action taken could not be proven to be criminal. Given this conclusion, no charges were recommended.”
Nguyen’s family is filing a lawsuit against the officers and the Edmonton Police Service.
“The decision not to prosecute is perverse,” said Samantha Labahn, the family’s lawyer.
“It’s baffling how anyone could come to this conclusion.”
In a statement, the EPS said: “The Edmonton Police Service acknowledges the tragedy of this incident and offers our condolences to the grieving loved ones of the deceased. We also recognize the impact the event has had on our EPS members, the broader community and attending first responders.”
An EPS spokesperson said that since ASIRT proceedings have concluded, the EPS Professional Standards Branch will conduct an investigation under the Police Service Regulation.
Last year, Const. Doduk was charged with assault with a weapon and assault causing bodily harm relating to an arrest he made in 2019.
Neither of those charges nor the allegations made in the lawsuit have been tested in court.
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