I'm not a 'cold-hearted cowboy assassin,' says cop who shot Don Dunphy

The officer who fatally shot Don Dunphyin his Mitchells Brook home in 2015 testified Tuesday that it has been difficult to have been cast as a villain in the months since.

"The belief out in ... within the public that you are a cold-hearted cowboy assassin is extremely,extremely difficult to take,"Const. Joe Smyth said during cross-examination at the inquiry headed by Justice Leo Barry.

Smyth, 38,says he had no choice but to shootDunphyafter the 59-year-oldpointed a rifle at him an action that was strongly questioned Tuesday by a lawyer representing Dunphy's daughter.

Smyth, a Royal Newfoundland Constabulary officer assigned to the security detail of the premier's office, drove to Mitchells Brook on Easter Sunday 2015 to ask Dunphy about Twitter posts that criticized then-premier Paul Davis and other MHAs.

On Tuesday afternoon, lawyer Nick Avis, who is representing the Royal Newfoundland Constabulary at the inquiry, askedSmythabout the shooting.

"Do you feel you used excessive force?" he asked.

Smythdefended his decision to shootfour times atDunphy.

"No, I felt my life was in danger," saidSmyth.

Avis asked ifSmythcould have acted differently.

"When you saw the rifle, did you feel you had time to reachDunphy?" asked Avis.

"No, the gun was pointed at me and I thought I was going to be shot," repliedSmyth.

Avis askedSmythif the incident had a long-term impact on him.

Smythsaid thatalmost twoyears after the event, he is still not sleeping well.

Smyth grilled during cross-examination

A lawyer is arguing thatConst. Joe Smyth's assertion that he didn't see a gun in Don Dunphy's Mitchells Brook home nor see Dunphy reach for itis unbelievable.

Bob Simmonds, who represents Dunphy's daughter Meghan,used two items the chair Don Dunphyis reported to have died in and the gun Smythsays Dunphy pointed at him to try to demonstrate that Smyth'sversion of what happened isn't plausible.

"What happened in those few minutes before you fired your gun?How was he able to outfox a trained officer?" Simmondssaid Tuesday during a public inquiry into the April 2015 shooting.

"Good question," replied Smyth.

• 5 lingering questions in the fatal shooting of Don Dunphy

SimmondsbroughtSmyth back to April 5, 2015 the day of the shooting.

"There was no threat, no history of violence. You go Easter Sunday, you contradict how you introduced yourself?" asked Simmonds.

Smyth replied "Yes."

"Something you said upset [Dunphy], he became more agitated, you were watching, next thing the gun was pointing at you?" asked Simmonds.

"Yes," said Smyth.

Simmondssuggested it is "unbelievable" that Smythwouldn't have seen the gun or Dunphy reaching for it if it was on Dunphy's right.

"Itcame from his right, you didn't see it. He is somewhat disabled, first time you see it it's pointing at you?" he asked.

Smyth agreed.

"That's what you want the inquiry to believe?" asked Simmonds.

"I want the inquiry to believe the truth," said Smyth

Meghan Dunphygave an alternate theory of what she believes may have happened, when she testified last week.

She believes her father may have raise a stick that he carried with him for protection and that Smyth mistook it for a gun and then shot Dunphy.

• Meghan Dunphy tells inquiry she believes police officer manipulated evidence after killing her father

Smythtestifying since Jan. 9

Simmonds started hiscross-examination ofSmyth on Monday, arguing that Smythshould not have visitedDunphyat hisMitchellsBrook home on April 5, 2015.

• Joe Smyth had no reason to visit Don Dunphy, cross-examination suggests

The RCMP investigated the police shooting of Dunphy. It concluded no charges were warranted against Smyth.

• Const. Joe Smyth used 'appropriate force' to defend himself, investigators say

Smyth is due to testify for a sixth day on Wednesday.

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