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

Convicted animal abuser to return to B.C. court May 21

Catherine Jessica Adams is facing a breach of probation charge

Northwest Fire Centre open burn ban lifted

Recent rain, cooler temperatures have lowered the region’s fire risk

Telkwa pot plant application passes review

Cannabis company claims new Health Canada regulations are working in its favour

Cullen demands action on Ecstall River

Failing to penalize parties involved undermines all salmon conservation efforts, MP says

Governments, industry bid on optimism amid timber review

The possibility of reduced forestry activity in the near future is sinking… Continue reading

UPDATE: B.C. pilot killed in Honduras plane crash

The crash happened in the Roatan Islands area, according to officials

‘Teams that win are tight’: B.C. Lions search for chemistry at training camp

The Lions added more than 50 new faces over the off-season, from coaching staff to key players

Rescue crews still searching for Okanagan kayaker last seen three days ago

71-year-old Zygmunt Janiewicz was reported missing Friday

B.C. VIEWS: Reality of our plastic recycling routine exposed

Turns out dear old China wasn’t doing such a great job

Carbon dioxide at highest levels for over 2.5 million years, expert warns of 100 years of disruption

CO2 levels rising rapidly, now higher than at any point in humanity’s history

B.C. residential school survivor’s indomitable human spirit centre of school play

Terrace theatre company plans to revive Nisga’a leader Larry Guno’s Bunk #7 next year

B.C. ferry stops to let black bear swim past near Nanaimo

Queen of Oak Bay brakes for wildlife in Nanaimo’s Departure Bay

Mother dead, child in critical condition after carbon monoxide poisoning at Shuswap campground

The woman was found unresponsive insider her tent and the youth was taken via air ambulance to hospital

Canada’s parole officers say correctional system has reached breaking point

About half of Canada’s federal parole officers work inside penitentiaries and correctional institutions

Most Read