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Expert testifying in Rauch hearing finds no fault in Victoria police response

Lisa Rauch, 43, died after being shot by an anti-riot weapon in 2019
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Lisa Rauch died after a standoff with police that ended up with anti-riot ammunition being deployed. (Photo Courtesy Rauch Family)

As the public hearing into the Christmas Day 2019, police-involved death of Lisa Rauch, 43, continues, an use-of-force expert testified on May 1, 2024 saying officers followed a textbook approach, and were justified in their response.

After reviewing written statements from the officers involved and other evidence, public safety consultant Michael Massine called it a B次元官网网址渧ery sound, measured approach to resolving the situation with what I believe would be the least amount of force necessary to safely apprehend Ms. Rauch.B次元官网网址

B次元官网网址淏ut again, I have to stress, that in the exigencies and the confusion and all the outlying factors, thatB次元官网网址檚 unfortunately not what happened.B次元官网网址

Rauch had holed up that afternoon in a supportive housing unit on Pandora Avenue, allegedly high on methamphetamine and wielding a knife. The unitB次元官网网址檚 rightful resident summoned police. Because of the reported presence of the knife, police considered Rauch a threat of causing B次元官网网址済rievous bodily harm or death.B次元官网网址

She died after being hit with rounds from an Anti-Riot Weapon Enfield (ARWEN) rifle, fired by officer Ron Kirkwood.

An ARWEN is generally deployed by police as a non-lethal force option. Massine testified that there really are no B次元官网网址渘on-lethalB次元官网网址 weapons, and options like the ARWEN, Tasers or bean-bag shotguns can all cause death if used a certain way.

The Office of the Police Complaint Commissioner (OPCC) hearing is being held in Victoria at the request of RauchB次元官网网址檚 family. It follows investigations by the Independent Investigations Office of B.C. (IIO) and the OPCC that had both cleared Kirkwood of wrongdoing in the shooting of Rauch with the ARWEN.

Massine was called to testify as to the appropriateness of the force option chosen B次元官网网址 the ARWEN B次元官网网址 and whether correct protocols were followed throughout the incident, as well as how all of that compares to national standards.

Massine has provided expert witness testimony in 17 trials. He is also a former member of the Greater Victoria Emergency Response Team B次元官网网址 the same group that responded that day, and which Kirkwood is a member.

He began by laying out the standard method for determining what an officerB次元官网网址檚 force options are in a given situation. These range from mere police presence, up to lethal force.

Under this framework, if an officer is in danger of grievous bodily or death, they have the right to respond with lethal force.

Because Rauch was reported to have a knife, any action by her toward officers would fall under this category. In this situation, there was also a fire in the unit. Police had brought in firefighters to help respond to this.

This fire could also place officers at risk, Massine testified.

Officers responded in a stack formation that included firefighters, Kirkwood with the ARWEN and an officer with a regular firearm. When they burst in, the firefighter sprayed out the fire, but smoke still made it difficult to see.

A statement from Kirkwood was read in which he said the officer with the regular firearm had told him to shoot with the ARWEN, so that officer didnB次元官网网址檛 have to shoot with bullets.

Rauch was hit three times in the back of the head. According to his statement, Kirkwood believed he was shooting at her stomach.

Massine went over all these events, and called it a B次元官网网址渘o-win situationB次元官网网址 given all that officers were facing, including that they were trying to get her out of the unit without themselves getting hurt, while also putting out the fire and rescuing Rauch from the fire.

B次元官网网址淚 canB次元官网网址檛 find any fault,B次元官网网址 Massine said. B次元官网网址淚 would have acted similarlyB次元官网网址

Kirkwood himself is scheduled to testify on Thursday, May 2.

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