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

After seeing the barrel of a rifle emerge, RNC Const. Joe Smyth dropped the papers he was holding, raised one hand and unholstered his sidearm with the other.

He repeatedly shouted "No" at Donald Dunphy and fired four shots, hitting Dunphy twice in the head, once in the abdomen and missing once.

That's what Smyth told investigators happened at Dunphy's house in Mitchells Brook on Easter Sunday nearly 20 months ago, and a series of investigations say there is no evidence to suggest anything to the contrary.

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Graphic details of the fatal April 5, 2015 shooting were released Monday in St. John's.

They were contained in a series of five reports made public by the inquiry that is examining the incident, including the RCMP investigation.

"There was no evidence at the scene that casts any shadow or doubt over the version of events offered by Const. Smyth," the RCMP investigation concluded.

A review of the RCMP investigation by the Alberta Serious Incident Response Team supported that finding, stating the investigation was "well done, following best practices and major case management principles."

The ASIRT review found there were some shortcomings in the investigation, but not enough to "taint the overall quality of the investigation and the reliability of the evidence obtained."

Series of mistakes

The most critical report came from retired justice David Riche, who was brought in by the RCMP as an independent observer.

Riche wrote "There is a series of mistakes because I believe that this killing should probably never have happened."

He stated that "Smyth was not prepared for what he was going to meet," and that the officer should have taken additional measures before visiting Dunphy, including havinganother officer present.

There was no evidence at the scene that casts any shadow or doubt over the version of events offered byConst.Smyth.- RCMP investigation into Don Dunphy shooting

The reports also paint, in fine detail, what happened at Dunphy's house that day, and why Smyth decided to visit.

At the time, Smyth was a member of a special detail that provided security for then premier Paul Davis.

He was contacted by a communications specialist in the premier's office, Donna Ivey, two days before the shooting.

Ivey was concerned that a series of tweets posted by Dunphy, 59, could be interpreted as a threat to government officials.

Dunphy, an injured worker, often used social media to criticize the government for his frustrations with the workers' compensation system.

Smyth looked into the tweets and felt the perceived threats were "ambiguous," but decided to investigate further because of "this person's online history" and his "grievances toward workers' compensation and government."

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After conducting a threat assessment, Smyth decided to pay a visit to Dunphy, believing the threat to his safety was low.

The two initially spoke outside the residence, and later entered the living room of Dunphy's house.

According to the investigation, Dunphy's home was in a state of "disrepair and squalor."

Smyth said the conversation was initially cordial, and he felt empathy for Dunphy's situation.

But Smyth said Dunphy became agitated when he was questioned about the tweets, and said Dunphy made comments like "Dead MHAs died before and MHAs will die again."

Saw barrel of a rifle

Smyth said Dunphy called him an "arm of the government" and a "puppet," and blamed the government for his squalid living conditions.

Dunphy was seated in a chair in the living room and Smyth was standing across the room, near the fireplace mantle.

Smyth said he tried to calm Dunphy and de-escalate the situation, but told investigators Dunphy was squirming in his chair and said at one point his mouth "began to froth."

He told investigatorshe then saw the barrel of a rifle emerging from Dunphy's right hand side, and reacted by dropping the folder of papers in his hand, moving towards the door, while at the same time drawing his pistol and yelling "No, No, No!" at Dunphy.

Smyth said he fired twice at Dunphy's torso, but said Dunphy remained in control of the rifle and continued to track Smyth across the room.

He said he then fired twice more, hitting Dunphy twice in the head.

It's believed Dunphy died immediately.

Smyth estimated that from the time he entered to the house to when shots were fired, about 15 minutes had elapsed.

A forensic investigation found a .22 calibre single shot long gun on the floor near Dunphy. The bolt action was open and there was one "live" round in the chamber.

The rifle was "operational" and "capable of causing serious bodily injury or death."

Dunphy's fingerprints were not found on the firearm, and investigators say "none of the surfaces of the rifle were receptive to the deposition of fingerprints."

As for the autopsy, examiners confirmed that Dunphy was struck by three bullets, "all of which could have been fatal."

Meanwhile, CBC News contacted Bob Simmonds, the lawyer for the Dunphy family. Simmondssaid he would not be commenting on matters that will come before the upcoming inquiry.

Smyth also declined comment Monday, writing in an email that "I am not permitted to comment at this time."