Police officer feared for his life before he shot and killed Craig McDougall, inquest hears

The police officer who shot and killed Craig McDougall in 2008 testified on the fifth day of the inquest into his death.

Patrol Sgt. Curtis Beyak was one of three officers who responded to a 911 call about a reported stabbing at a home on Simcoe Street in Winnipeg's West End on Aug. 2, 2008.

• 'I got stabbed in the leg': 911 calls show moments around Craig McDougall's death

Beyak fired four shots after a Taser failed to subdue the 26-year-old.

"I fired my service pistol," Beyak testified Tuesday. "There was no other option.I was in fear formy life, the other officers lives, the small childand anyone else in the residence."

The inquest was told McDougall was brandishing a knife and refused to drop it. Family members have said he was holding a cellphone.

On Tuesday, court learned he was holding both. Constable Jason Leishman, who testified in the afternoon, said that McDougall had a large knife in his right hand and cellphone in his left.

Police officer feared for his life before he shot and killed Craig McDougall, inquest hears

8 years ago

Duration 1:41

The police officer who shot and killed Craig McDougall in 2008 testified on the fifth day of the inquest into his death.

Beyak, who was acting patrol sergeant at the time, was one of the supervisors on shift. He testified that he was blocks away from the Public Safety Building when a call came in for a reported stabbing. He said it took him minutes to get to Simcoe Street. Const. Leishman and his partner arrived at the same time.

Beyak, who was acting patrol sergeant at the time, was one of the supervisors on shift. He testified Tuesday that he was blocks away from the Public Safety Building when a call came in for a reported stabbing. He said it took him minutes to get to SimcoeStreet. Another cruiser arrived at the same time.

"I exited my cruiser car, I was the first one down the sidewalk toward the residence," he said."I had my service pistol at the low ready.My finger obviously, off the trigger."

Beyak told the court carrying his weapon in that fashionis part of officer safety training. He said he knocked on the door and a small child answered."I remember saying 'Hi' then another person came behind him."

Officers toldMcDougallto drop knife

Beyak said he didn't have a chance to ask a question before hearing one of the officers yelling.

"'Male's got a knife, drop the knife,'" he remembers another officer yelling.

He said McDougall was on the other side of the fence, while the three officers were inside the small yard.

"I observed him with a long knife in his right hand," said Beyak, as he modelled how McDougall was holding the knife at waist level.

"He didn't look at the officer, myself, he just kept walking," said Beyak."A very focused,determined, sought-out walk."

Leishman told the court that McDougall swore at him and gave him the finger with his left hand.

Both officers said McDougall kept walking, despite commands to stop and drop the knife:

"I remember seeing the small boy out of the corner of my eye and saying 'Go inside, go inside,'" said Beyak, adding the child was on the outside step.

Beyak said he ordered Leishman to get out his Taser. He said he gave the order loud enough for McDougall to hear.

"He changed the position of the knife when he got through the fence,"said Beyak. "Now at shoulder level. He did not have a shirt on, he was wearing jeans," he said.

Beyaksaid the Taser probe stuck in his stomach and the other went over his shoulder.Leishman said the Taser "had no affect on him," and McDougall continued walking up the sidewalk.

The McDougall family lawyer, Corey Shefman said Tuesdaywas the family's first opportunity in eight years to find out what happened that night.

"To find out why Beyak decided he needed to shoot Craig and that Craig needed to die," he said.

The family was not in court Tuesdaybecause Brian McDougall, the father, is still in poor health.

Shefman said the family has read the officer's statements, but more details came out in court on Tuesday.

"We heard a discussion today that the [Beyak] wasn't surprised that the officer was Indigenous because of where he lived in the city," he said. "We're not suggesting that this officer, or any of the officers were racist, but the system they operate in is."

The inquest is looking at what role systemic racism played in McDougall's death. It is also examining how that could have contributed to the way McDougall's relatives were treated by police.

Court also heard, following the shooting, the family was screaming at the front door, trying to get out while the officers tried to keep it shut.

"The door was starting to come off the hinges," said Leishman. "Patrol Sergeant Beyak ordered us to start bringing them out and handcuffing them."

• Inquest into fatal police shooting hears witnesses were treated differently

Shefmansaid his role at the inquest is to raise questions about how the police officers and family witnesses were treated.

"Beyakdidn't write his own statement and that he didn't answer questions from police," saidShefman. "When a person is killed, one would expect that an investigation would be conducted which is comprehensive. And in my mind comprehensive investigation means that you ask the person who pulled the trigger questions."

Court heard that the three officers on scene were given the option to speak to a lawyer, union rep and counselor before providing their statement.

Beyak and Leishman were questioned about the use of force protocol for the Winnipeg Police Service. During the first week of the inquest, the former head of the homicide unit told the court he concluded the use of lethal force was justified.

The inquest will hear from Taser experts next week. The third officer present for the shooting will testify Wednesday.