No charges but lingering questions for Calgary officer who fatally shot car thief

Although the Calgary police officer who shot and killed a man in a parkade will not be charged criminally, his refusal to give a statement left investigators with an incomplete picture of what happened and "reasonable grounds to believe an offence had been committed."

On Friday, the Alberta Serious Incident Response Team (ASIRT) announced the findings of its investigation into theJuly 15, 2016, death ofSanjaiPrasad, 41, who was identified by friends after the Inglewood parkade shooting.

ASIRT executive director Susan Hughson said the officer who shot Prasad with a C8 patrol rifle refused to give a statement thoughshe pointed out that's his constitutionally protected right.

"The absence of evidence regarding the involved officer's perception of the events and articulation of reasons why lethal force was reasonably necessary in the circumstances left a vacuum that was complicated by the unexplained decision to use the C8 patrol rifle to search the parkade," said Hughson.

• Sanjai Prasad identified as man shot and killed by Calgary police

The Calgary Police Service confirms the officer remains on duty but is currently under investigation by its professional standards unit.

'Contrary to CPS policy'

Prasad and three friends were in a parkade stealing from vehicles and in search of a licence plate for the stolen SUV he was driving.

One of the condo building's tenants called 911 to report suspicious people breaking into cars. The caller saidno weapons were spotted and that everyone, including the complainant, was safe.

Police entered the parkade and spread out in groups. When Prasad came across the officers, he tried to flee. Policehad to jump out of the way of the speeding truck, taking shelter behind concrete posts and against the wall.

The officer who had chosen to respond to the parkade break-in with his C8 rifle opened fire, discharging five rounds. Four shots hit the SUV but investigators were never able to find the fifth.

"It was arguably contrary to CPS policy and could be interpreted as an overly aggressive response to the call as dispatched," said Hughson who questioned the officer's "unexplained decision to use the C8 patrol rifle."

Missing shot

Hughson noted the call had been characterized as a commercial break-and-enter and involving possible theft from vehicles that would have been considered minor property offences. She also pointed out that no weapons had been observed or reported by the resident who called 911.

One of the issues with the use of the C8 rifle in that particular circumstance was the five officers who were on foot in the parkade and the fact that the rifle rounds can travel greater distances than CPS service pistols.

Hughson said investigators' concern were "magnified" by the missing fifth round that couldn't be found anywhere near the shooting.

"Other officers in a similar position, while some were armed, did not resort to the use of lethal force and appeared to have managed the risk presented by taking shelter," Hughson said at the press conference.

'This is it for me'

At the end of its investigation, ASIRT determined there were "reasonable grounds to believe an offence had been committed" by the officer and forwarded its findings to the Alberta Crown's office.

But the Crown's office has a higher standard for prosecutions and found there was no reasonable likelihood of conviction in its determination not to lay charges.

Hughson said she did not disagree with the Crown opinion.

A toxicology report found methamphetamine in Prasad's system at the time of his death.

One of the people in the vehicle with him at the time told ASIRT investigators that he had said "this is it for me" and "I'm sorry."

Hughson said Prasad'sbehaviour and statements to his associates were similar to those who provoke police in so-called suicide-by-cop scenarios.

"The loss of the man's life remains a senseless tragedy," said Hughson. "[Prasad] was a much loved son, brother and family member and the incident was devastating to the family."