Officers did nothing wrong in killing a man with a hail of gunfire, the province’s police watchdog has ruled, with 11 bullets piercing the man’s body in B.C.’s Interior two years ago.
On Friday, the Independent Investigations Office (IIO) released a six-page report of the Aug. 31, 2021, incident in Quesnel.
On that day, the B.C. RCMP issued a statement, saying “when officers approached the man reportedly reached for a firearm, and shots were fired. The man was transported to local hospital where he was declared deceased.”
According to this week’s report, it all started when a police officer spotted a parked Jeep Cherokee just after 3 a.m., with the vehicle’s engine running.
Closed-circuit cameras from neighbouring premises captured the Jeep entering the parking lot just off Carson Avenue at 1:41 a.m. on a dark and rainy night.
The report said the officer noted that the Jeep had failed to stop for police two days earlier. The officer said he could hear the engine running, but couldn’t see anybody inside.
Three minutes later, at 3:20 a.m., two more officers arrived in a marked police vehicle, with another in an unmarked police vehicle. The report said all their emergency lights were activated.
“The witness officers told IIO investigators that when they approached the Jeep, they found (the suspect) apparently asleep in the reclined driver’s seat. Beside him on the passenger side floor, though, they also observed a shotgun.”
The report continued, saying “the officers recognized (the suspect) as a local drug trafficker known to carry weapons. (He) had a significant criminal record involving firearms and drugs offences and was currently subject to a weapons prohibition and an outstanding arrest warrant.”
The officers then drew their pistols and stepped back behind their vehicles, with two officers retrieving body armour and carbine rifles.
They called for assistance, with a K9 unit and another officer responding.
“The police plan was to cover the Jeep, blocked in by police vehicles, to call (the suspect) out and to get him down on the ground to be arrested. The subject officers both issued verbal commands to (him) to come out of his vehicle and to show his hands,” reads the report.
One officer told the IIO that he saw movement inside the Jeep and heard another officer yelling “Do not reach for the gun, step out of your vehicle, show me your hands.”
“Seconds before 3:26 a.m., an officer on the police dispatch channel is recorded saying, ‘He’s reaching’, while another officer is shouting in the background,” reads the report.
The final officer who arrived on scene also heard an officer say something to the effect that the driver of the Jeep was loading a firearm.
“(The second officer) said he saw (the suspect) leaning over toward the passenger side of the Jeep, and believed he was reaching for the shotgun. He said the Jeep’s engine was revving as if (the suspect’s) foot was pressed on the accelerator as he leaned over,” reads the report.
Around 30 to 40 seconds later, a shot was heard, with police gunfire quickly following.
“(The first witness officer) described hearing the initial shot shortly after the (subject officer) said ‘he is loading his gun’ and then hearing numerous other gunshots in response. He said he believed the initial shot came from the Jeep,” reads the report.
Within 10 seconds, it was all over. The report said one officer fired between 26 and 29 shots.
As more police arrived, officers approached the vehicle and found the driver unresponsive, holding the shotgun.
“The autopsy report showed that (the suspect) died from a total of 11 bullet wounds. All wounds were directionally from back to front, with none having been fired at close range,” reads the report. “Damage to the Jeep from bullet perforations was consistent with that.”
One officer said the shotgun was facing up, toward the windshield, while another said he saw the suspect’s right hand on or near the gun’s pistol grip. Another officer said the Jeep’s sunroof had been “smashed out.”
The shotgun was taken, with police finding a spent 12-gauge casing inside the chamber.
The IIO said there were no civilian witnesses, but was able to evaluate the incident from police, attending paramedics who heard the gunshots from two blocks away, recordings of radio transmissions and examining the scene and suspect’s vehicle.
“The involved officers were acting in lawful execution of their duty, initially investigating a suspicious vehicle that had earlier fled from police, and then attempting to arrest (the suspect) pursuant to warrants once they recognized him as the vehicle’s occupant,” said the IIO.
“When they observed the presence of a shotgun in the cab, that and (his) criminal history and background gave them cause for caution. Their plan to contain (the man), call him out and arrest him away from the shotgun was a reasonable one.”
The IIO said evidence of the fired shell in the chamber and the blown-out sunroof, as well as accounts from officers, show that the weapon was likely fired moments before police began shooting.
The IIO also said while it found police were lawful to use lethal force in this case, he questioned whether one officer needed to fire 26 to 29 shots while another fired off two shots.
Ultimately, the IIO decided while the officer’s “actions may not have been perfect, they were not unreasonable and do not rise to the level of criminality. Any concerns about his performance and tactics will be left for consideration by the RCMP.”
The report can be accessed on the IIO’s website.
Notably, an online petition for the man garnered more than 1,000 signatures.
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