The IIO released two cropped photos taken by a city of Kelowna employee just before the shooting.

Investigation justifies shooting of homeless man by B.C. RCMP officer

Incident won’t be referred to Crown counsel for consideration of charges

An independent investigation has found a Kelowna RCMP female officer should not face charges after shooting a homeless man in August 2017.

An investigation of the incident by the Independent Investigations Office of B.C. found the police officer acted in an appropriate measure when she and a City of Kelowna worker were confronted by an angry man advancing toward them waving a large axe handle in a threatening manner.

“I do not consider that an officer may have committed an offence under any enactment and therefore the matter will not be referred to Crown counsel for consideration of charges,” stated the report, co-submitted by IIO chief civilian director Ronald MacDonald and general counsel Clinton Sadlemyer.

RELATED: RCMP officer involved in Kelowna shooting

The investigation focused on conflicting accounts of how the shooting unfolded based on interviews with the individual shot in the shoulder, a serious but non-life threatening wound, and both the police officer and city worker.

On Aug. 3, 2017, beginning at about 12:55 p.m., the police officer and city worker responded to a complaint of an unauthorized homeless camp near Duck Lake Road, finding a tent or tarp lined up against a large tree near a steep embankment.

As the neared the tent, they were approached by an individual carrying an axe handle. Ignoring repeated requests by the police officer to drop the axe handle over about a 10-minute interaction, the police officer retreated until stopped by a wire fence.

The shooting victim claimed he was using the axe handle as a crutch after suffering a spider bite on the side of his knee earlier that morning which required medical treatment.

After one final warning and voiced concern from the city worker that the man “was getting …to goddamn close,” the officer fired a shot from a distance of about 5.5 metres.

The shooting victim had contested the officer used excessive force by shooting him, which could lead to charges of attempted murder, aggravated assault or assault causing bodily harm.

But the investigation found his account that he did not leave the area where his tent was pitched or advance on the police office were contradicted by two photographs taken by the city worker as the scene unfolded.

“The comments to (the shooting victim) by the police officer, as related by the (city worker), indicate the officer appropriately attempted to de-escalate the situation while at the same time protecting herself and the (city worker),” the report concluded.

“It was certainly reasonable for (the police officer) to conclude that this non-compliant and angry male with a significant weapon could easily cause her imminent grievous bodily harm.”



barry.gerding@blackpress.ca

Like us on Facebook and follow us on Twitter

 

Just Posted

Latest round of Columbia River Treaty talks wrap up in Cranbrook

Federal, provincial, U.S. and Indigenous representatives recently met for eight round of discussions

First Nations given max compensation for Ottawa’s child-welfare discrimination

2016 ruling said feds didn’t give same funding for on-reserve kids as was given to off-reserve kids

Come run for Terry this Sunday

Terry Fox Run in Invermere raises funds for cancer research

Council rejects water bottling plant in current spot

Cites possibility to having facility built at another location in the village

Climate change website launched by Selkirk College and Columbia Basin Trust

The site features climate information for communities in the Columbia Basin and boundary region

VIDEO: Vancouver Island mayor details emergency response after fatal bus crash

Sharie Minions says she is ‘appalled’ by condition of road where bus crashed

Federal party leaders address gun violence after weekend shooting near Toronto

One teen was killed and five people injured in the shooting

Conservatives promise tax cut that they say will address Liberal increases

Scheer says the cut would apply to the lowest income bracket

B.C. VIEWS: Cutting wood waste produces some bleeding

Value-added industry slowly grows as big sawmills close

Fewer trees, higher costs blamed for devastating downturn in B.C. forestry

Some say the high cost of logs is the major cause of the industry’s decline in B.C.

Federal food safety watchdog says batch of baby formula recalled

The agency says it’s conducting a food safety investigation

UVic president offers condolences after two students killed in bus crash

‘We also grieve with those closest to these members of our campus community,’ Cassels says

Coming Home: B.C. fire chief and disaster dog return from hurricane-ravaged Bahamas

The pair spent roughly one week on Great Abaco Island assisting in relief efforts

Most Read