RNC Const. Joe Smyth denies tampering with evidence after shooting Don Dunphy

The Royal Newfoundland Constabulary officer who shot and killed Don Dunphy in April 2015 denies suggestions that he manipulated evidence after the fatal shooting.

While testifying at a public inquiry Wednesday, Const. Joe Smyth gave a detailed accountof why he opened fire and ultimately killed the 59-year-old Mitchells Brook man inside his home on Easter Sunday 2015, saying Dunphy pointed a gun at him.

Smyth, 38, was at Dunphy'shome to talk to him about items he was posting on social media aboutthenpremier Paul Davis and other provincial politicians. At the time, Smyth was a member of the premier's security detail

WhenDunphy'sdaughter,Meghan, 28, testifiedlast week, she suggested that what her father lifted towardsSmythwas a stick that he carried with him for protection. Dunphygrew medical marijuana that he was prescribed to treat chronic pain following a workplace injury in 1984. He feared someone might try to take his marijuana.

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

Smythdenied that suggestion.

"Is it possible you mistook the stick for a gun?" commission lawyer SandraChaytorasked.

"No I was looking at a gun. It was not a stick. It was very clearly a gun. Absolutely," Smyth replied.

In a police statement after the shooting,Smythsaid hethought "maybe it was a broomstick" and then realized "it was a gun."

Today he said: "It was a gun. No doubt."

Iwas thinking this is going to hurt. I expected to be shot. I drew my gun and fired from low.- Const. Joe Smyth

Chaytorasked if he saw a rifle prior to the shooting and Smyth said he hadn't.

"Did you find the rifle after the shooting?" asked Chaytor. Again, Smyth replied "no."

Then she asked: "Did you stage evidence?"

"I know what happened. I'm describing what happened," said Smyth.

"If the rifle was on the floor, why you couldn't you see it?" Chaytor asked.

"I've asked myself that every day, every night. I can't explain it," saidSmyth.

Smyth described shooting

Smythsaid in the moments leading up to the shooting he wasn't argumentative or angry with Dunphy, 59,as the man appeared to be in "a manic crisis."

Hetold the inquiry that the situation took an unexpected, violent turn.

"I looked down at [a] folder. I noticed him lean right and sawsomething coming up in his hands.It was a rifle. It was shocking. I was on high alert. It was pointed at me. My instinct was to raise my hand and say 'no,no, no,'" Smythsaid.

"I was thinking this is going to hurt. I expected to be shot. I drew my gun and fired from low."

Smyth said that after firing he was focused solely on Dunphy's gun.

"It was pointed directly at me. As I tried to leave, I fired twice. I still saw his gun tracking me. It was still pointing at me. I fired again. I knew it hit because I saw his head move."

SmythchallengesRCMPtimeline

A timeline prepared by the Mounties after an investigation of the shooting saidSmythcalled the RCMP about 12 minutes after firing his gun.

Smythdenied Wednesday thathe waited that long to call theRCMP. Hesaidhe called about threeminutesafter his last shot was fired.

"It's hard for me to piece that time together. I did a cursory house clearing stating 'Police. Anyone else in the house?Police.' I was on the front porch in high alert wondering if someone else was in the house or coming to the house," he said.

Chaytor said he did not move anything in the house after the shooting.

"The firearm was leaning against the table. Did you touch it?" askedChaytor.

Smythreplied "No."

"The rifle was resting pointing back atDunphy, why?" Chaytor asked.

"I have no idea," repliedSmyth

Smythhas been testifying all week

Since Monday, Smyth has been giving his account of what happened the day he visited Dunphy at his home.

On Tuesday, Smyth said he went alone to Dunphy's home because of a communications error, adding he was unaware of an RCMP file that flagged Dunphy for violence and drugs.

• Joe Smyth says communications breakdown left him without 2nd officer on Dunphy visit

If he had known about those red flags, Smyth said he wouldn't have gone alone.

Officer cleared

The RCMP investigated the Dunphy shooting and determined that no charges were warranted against Smyth, who is now working with the Royal Newfoundland Constabulary's traffic division.

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

Wednesday will be Smyth's third day of testimony at the inquiry. Follow developments as they happen on our live blog.