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

Newly elected Hope politicians took part in the Local Government Leadership Academy

The three-day event is aimed at helping new mayors and councillors navigate municipal politics

No records were beat, but Hope’s February temperatures aren’t average

Normally around 3C, the sub-zero temperatures made for both good and bad in the Fraser Valley

New Chilliwack YMCA was ‘worth the wait’ say visitors

Family Day will mark officially opening for new building, after sneak peek tours on Saturday

‘Just like Iron Man’: Calgary surgeon undergoes experimental spinal surgery

Dr. Richi Gill was in a freak accident on a boogie board during a family vacation in Hawaii

Canadian airlines waiting for guidance from Ottawa over X gender option

Major U.S. airlines said they will change their process so passengers can identify themselves along non-binary lines

Plane flips over at Pitt Meadows airport

Runway closed for an undermined length of time.

Moose Hide campaign takes message to Canadian schools

Campaign launches new K-12 education platform

‘Violent’ B.C. man wanted on Canada-wide warrant

Prince George man with ties to Vernon sought by police

Trudeau’s principal secretary, Gerald Butts, resigns amid SNC-Lavalin furor

Butts categorically denies the accusation that he or anyone else in the PMO improperly pressured former attorney general Jody Wilson-Raybould

UPDATE: Rescue crews for 2 hikers caught up in possible avalanche on Mount Seymour

North Vancouver RCMP say they don’t know what the nature of the call is yet

Deported B.C. man who came to Canada as a baby granted chance at return

Len Van Heest was deported to the Netherlands in 2017

Homicide police investigate assault turned deadly in Surrey

60-year-old man died at hospital after assault

Most Read