Calgary officer cleared in shooting, internal investigation underway for subsequent use of force

A Calgary police officer was justified in shooting at a man 11 times and causing serious injurieswhen a traffic stop turned chaotic, according to the Alberta Serious Incident Response Team, but those involved in its aftermath face internal investigation.

The investigations stemfrom an incident in the southeast community of Dover on Nov. 3, 2016.

ASIRT said Fridaythe officer opened fire on a man behind the wheel of a stolen Honda Civic and that the scene was caught on video from the patrol car's camera.

The man was stopped by officers after parking in an alley and at first appeared compliant, according to ASIRT, but he shifted the vehicle into gear and tried to flee once officers left their patrol car.

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In the process, one of the officers was stuck with half of his body inside the stolen vehicle, wrestling with the driver and attempting to shift the car out of gear and grab the keys.

That officer narrowly avoided being crushed between the stolen car and parked vehicles, according to ASIRT, as the perpetrator accelerated forward and reversed in an attempt to flee.

"From the second officer's vantage point standing on the passenger side of the Civic, it would not have been clear whether the first officer was still hanging from the driver's side window, whether he had been injured during the collisions as the Civic sped backwards, or whether he had fallen to the ground, potentially under the vehicle or in a position to be run over," reads the release.

11 shots fired

The second officer opened fire, shooting 11 rounds in 2.73 seconds, according to ASIRT. The Honda came to a stop shortly after.

Police provided first aid to the 20-year-old man until EMS arrived on scene and took him to hospital for treatment of four gunshot wounds along his right arm and side.

"The man's operation of the stolen Civic created a danger that exposed the first officer to a risk of imminent death or grievous bodily harm," said ASIRT in the release.

"The risk was objectively serious and immediate and the fact that the officer was not seriously hurt was likely nothing more than luck, considering the man had narrowly missed crushing the officer between the stolen vehicle and the two stationary vehicles in his path as he quickly reversed the Civic."

ASIRTexecutive director Susan D. Hughson determined there was no evidence, reasonable grounds or reasonable suspicionthat either of the officers committed a Criminal Code offence.

"Both officers were lawfully placed, and the force employed was reasonable in the circumstances. As such, no charges are appropriate," according to ASIRT.

Separate investigation on kicks, punches

In a separate investigation related to the same incident, ASIRTinvestigated two other officers for their actions after the man was shot.

Both of those officers declined to provide a statement to investigators.

A patrol car video camera captured an officer pulling theman from the car. In the process, the officer fell backward. Officers on scene, not knowing the situation, came to the aid of the fallen officer, according to ASIRT.

In the process, one officer delivered "three closed fist punches" to the man, and then as a number of officersand the man were on the ground, another officer delivered five kicks to man who had been shot.

It was at this point, according to ASIRT, that the officer who hadtrippedrose and told his fellow officers to "chill."

"Following this, the officer who had previously kicked the manstepped in and kicked the man three more times," said ASIRT in a release.

Crown won't pursue criminal charges

The agency found it was reasonable that officers were not aware their colleague had tripped and was not in a struggle with the suspect and so some of the force was appropriate.

However, it had concerns over the officer who delivered kicks after the situation was under control.

"The greater challenge arises with respect to the second set of kicks, administered after a pause in the action, after an opportunity for sober second thought and after officers had effectively been called off by the primary officer dealing with the man," reads the Friday release.

"On the available evidence, it is more difficult to see this use of force as reasonably necessary. Objectively, the actions could be viewed as unnecessary, punitive and the result of heightened emotions rather than tactical need."

ASIRTsent the file to the Crown for reviewbut was told there was not a reasonable likelihood of conviction.

The agency, however, stressedthat it operates independently and under different standards that only "requires reasonable grounds to believe an offence has been committed."

It said there will not be criminal charges related to the use of force.

Calgary police investigating

The Calgary Police Service, in a written statement, said it is investigating what happened in the wake of the shooting.

"As you can imagine, this was an extremely dynamic and confusing event for officers who arrived at the scene following the shooting. As indicated in the ASIRT news release, it is possible that members made the assumption that the suspect was engaged in a struggle with the officer on the ground when they arrived," reads the statement.

"It is worthy to note that this all transpired in a matter of seconds from the time when the suspect was pulled from the vehicle to when he was under control and arrested. However, we take all use of force matters seriously and, as such, this is currently under investigation by the CPS professional standards section."

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