No charges for Brandon officer who shot man with beanbag gun in 2017: Manitoba police watchdog

No charges are being recommended against a Brandonpolice officer for shooting a person in the lower back with a beanbag gunduring an arrest in 2017, leaving him with a large, infected blood clot, Manitoba's police watchdog says.

Brandon police were called to a home in the southwesterncity for a domestic abuse allegation on Feb. 13, 2017. Police tried multiple times to get a man at the hometo leave,the Independent Investigation Unit of Manitoba said in its final report, releasedWednesday.

When he eventually left the home, police said the man resisted arrest, and an officer shot him with what police describe as a "less lethal firearm" in this case, one that fired a beanbag gun. The man was hit in the torso.

Brandon police notified the watchdog agency which is mandated to investigate all serious incidents involving Manitoba police about the incident on Feb. 23, 2017.

At that point, the IIU determined thatany injury related to the use of the beanbag round was minimal, so the file was closed.

However, the man continued to contact police about the incident, and met with Brandon police in July 2020.

In September 2020, Brandon police contacted the investigative unit again,saying that "based on the information recently obtained that was not available in 2017," it was determined the man may have suffered an injury due to the use of the firearm, and the file was reopened.

The man who was shot told investigators police officers kneed him in the neck during his 2017 arrest, causing lasting injuries and complications requiring surgery, and also hada "football-sized hematoma" on his lower back that required surgery, the IIU report says.

The Brandon police officer who shot the gun refused an interview with the investigative unit, which did speak with16 others who were designated as witnesses, as well as the man who was shot.

The officers who witnessed the arrest gave accounts about what happened during the arrest that varied from each others', as well as the man's.

But Zane Tessler, the IIU's civilian director, said in his report that's not unusual,given they were recalling details from several years earlier.

Investigators also revieweda series of notes, police and medical reports, photos, recordings, and police training materials on use of force and less lethal guns.

The police watchdog turned over the investigative file to the Manitoba Prosecution Service.

On Jan. 24, 2022, the prosecution service said itwas not recommending any criminal charges against the officer who fired the shot, saying that "after considering all of the evidence a conclusion has been made that there is no reasonable likelihood of conviction."

The IIU has now closed the investigation.

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