On Wednesday afternoon, the Alberta Serious Incident Response Team released information from a Sept. 6, 2017, incident that left a 26-year-old man dead. The findings state the RCMP officer involved did not commit any offences, and would not be charged.
On Sept. 6, 2017, at about 6:15 p.m., St. Paul RCMP received a 911 call from a woman indicating a family member could be on the verge of hurting himself or others. The incident was unfolding on the Whitefish (Goodfish) Lake First Nation
"She was concerned he was suicidal, that he may be in medical distress, he appeared to be sweaty and clammy, and that he was not acting like himself," reads the media release sent out on July 24, 2019. At the time of the 911 call, the woman stated the man was walking down the road with a baseball bat, while a different family member followed behind in a vehicle, trying to convince the male to return home.
A second 911 call was received about six minutes later, stating two woman on a recreational vehicle had met up with a man walking on a road who had almost attacked them with a baseball bat.
"The caller advised that the man appeared to be under the influence of alcohol or drugs," according to the ASIRT release.
An RCMP officer, in uniform and in a marked police vehicle, responded to that calls. The officer spoke with a family member who told him she believed the man would require an ambulance and said it appeared the man wanted to commit suicide. She noted the man was in the family's truck, and the officer asked the family to keep him there until the RCMP member arrived on scene.
Within the ASIRT release, it was noted that the video recording equipment in the RCMP vehicle did capture an audio recording of the incident in its entirety, and portions of video showing the officer and the man at various times.
Shortly after 7 p.m., the RCMP member pulled up to the 26-year-old man, who was walking down the road. The officer exited his vehicle and addressed the man by name, asking him "What's going on?" according to the media release.
Within three seconds, the officer can be heard on the audio recording from his police vehicle, telling the man repeatedly to "drop the knife."
"The man appeared to follow, and the officer fired his Conducted Energy Weapon (CEW), commonly referred to as a Taser, which caused the man to drop to one knee but failed to disarm him. Very quickly, the man was able to rise and continue towards the officer," reads the ASIRT release.
"The officer continued to direct the man to "drop the knife," sounding increasingly more frantic, and continued to try to create space by backing away around the back of the police truck bed."
According to the video recording, the man can be seen pursuing the officer towards the rear of the police vehicle. While off camera, the officer tells the man "drop the knife or you're going to get shot." At 7:04:47 p.m., two gunshots are heard.
"The officer immediately calls 'shots fired' repeatedly over the police radio. Although the man initially fell to the ground after being shot, and can be hear groaning, he maintained possession of the knife," reads the release. The officer can again be heard telling the man to "drop the knife" and additional six times before again radioing "shots fired."
About 10 seconds after the man was shot, the video records the man's family pulling out of a driveway in the distance and onto the road, then driving to the scene. As family arrived, the officer can be heard telling them to "stay back."
At one point, the man slowly got to his feet and advanced in the direction of the officer, making a thrusting motion with the knife. Ultimately, the man's injuries caused him to collapse. The RCMP officer provided emergency first aid until additional officers and EMS arrived on scene.
The 26-year-old man was pronounced decreased at 8:09 p.m., according to the ASIRT release. An autopsy found the man had sustained two gunshot wounds. The second wound caused rapid and significant blood loss that became fatal within minutes.
"A toxicology report revealed the presence only of prescription and over-the-counter medication, with no alcohol present in the man's body."
Interviews done later with family members noted the man had been acting strangely all day, and at one pointed noted "today is the day," which a family member interpreted as the man telling her he was going "to go" on this day.
The family member believed the man was suffering from worsening mental health issues, and she noted the man would stare into space and have conversations with people who were not around, according to the release.
The ASIRT investigation found the RCMP officer would have been lawfully entitled to take the man into custody under both the Mental Health Act and the Criminal Code. The relevant consideration then was the level of force used during the incident.
"Under Sec. 25 of the Criminal Code, an officer is entitled to use as much force as necessary in the lawful execution of his or her duties. This can include force that is intended or likely to cause death or grievous bodily harm, when officers reasonable believe that such force is necessary to defend themselves or someone under their protection from death or grievous bodily harm."
After reviewing the evidence, ASIRT executive director Susan D. Hughson, QC, determined there are no reasonable grounds nor even reasonable suspicion to believe the officer committed any offences.
"It is clear that the officer was responding to a call of an individual whose behaviour was erratic, who was possibly suidical, who may have been involved in an incident where he swung a bat at two young women, and who was also potentially armed," reads the release.
The officer directed the man to "drop the knife" no less than 12 times, and used the CEW, which failed to disarm the man.
"But as the man closed the distance, the officer was left with no other options," according to the release.
"A person in the midst of a mental health crisis is as capable as any other person of causing grievous bodily harm or death to another person. That person can be even more dangerous given on cannot expect them to respond rationally to the situation or an officer's presence," reads the ASIRT release.
The findings of the investigation do no diminish the tragedy of the loss for the family of the young man, who was in the midst of some form of health crisis. It also does not dismiss how devastating the incident was for the family members who were present for portions of the event, reads the ASIRT release.
"ASIRT extends its sincere condolences to the family and friends of the man."
The ASIRT investigation was conducted using current investigation protocols and best practices. ASIRT engaged an independent Indigenous community liaison to review the completed investigation. The liaison could ask questions of the investigative team and make recommendations where necessary. At the end of the process, the liaison confirmed ASIRT's investigation was thorough, complete, and objective, according to the ASIRT media release.
