A pair of Saanich officers committed no crimes after shooting a man, who was then subdued by a police dog, during a traffic stop on Highway 17 last spring, according to the provincial police watchdog.
The stop was a little out of the ordinary from the start, according to information in the March 20 report by the Independent Investigations Office of British Columbia (IIO), which investigates police actions where someone is hurt or killed.
IIO does not force officers who are being investigated to submit notes, reports or data. In this investigation, neither officer provided any account to the IIO, but three paramedics, 13 witness officers and the man who was shot did provide statements.
On April 28, 2023 a man missed a mandatory hourly check in with the probation office prompting Saanich police to check out his house.
Officers spotted an SUV headed out of the neighbourhood, realized it belonged to a family member and subsequently tracked and stopped the vehicle on the Pat Bay Highway (Highway 17).
READ ALSO:
What officers didnB次元官网网址檛 know, was the driver was in B次元官网网址渁 dark placeB次元官网网址 and had picked up a handgun and vodka earlier in the day.
The driver told IIO investigators he only had partial memories from the day, but remembered not answering curfew calls, that he was drinking at home and putting the gun to his head in the driveway. He could not remember if it was loaded. The man said he doesnB次元官网网址檛 remember leaving the house, but only waking up in hospital three days later.
When an officer approached the pulled-over SUV that night, they recognized the driver as the person they sought and told him to get out of the vehicle. When the driver declined, police said he was under arrest.
As officers arrived to help get the man out of the vehicle, the driver pulled out a pistol and pointed it at his own head.
Officers backed up and took cover behind police vehicles.
Police stopped traffic and evacuated residents from their vehicles and called in the Greater Victoria Emergency Response Team.
Before the specialized team could arrive, officers reported hearing the driver B次元官网网址渞ackingB次元官网网址 his firearm; seeing him flick the vehicleB次元官网网址檚 interior lights on and off; and appeared to prepare to drive away.
READ ALSO:
Officers ordered him out of the vehicle, and this time he complied, though with a pistol in his right hand. One witness officer with a clear view described him as B次元官网网址渂randishingB次元官网网址 the pistol as he stepped toward the officers, who were sheltered behind police vehicles and stopped civilian vehicles.
An officer fired a single rifle shot from across the highway, hitting the man who fell to the pavement with his pistol still within reach. As the man continued to move, a police dog was deployed, which bit and pulled the man away from the firearm.
The weapon was found to be unloaded.
The man was taken to hospital with a gunshot wound to his right-side lower abdomen and significant dog bite wounds.
Because the officer used lethal force (standard firearm), the IIO had to determine the officer believed it was B次元官网网址渘ecessary for the self-preservation of [the officer] or the preservation of any one under [the officerB次元官网网址檚] protection from death or grievous bodily harm,B次元官网网址 according to the report from chief civilian director Ronald J. MacDonald.
His March 20 report notes there is no way to know the intent of the man, identified as B次元官网网址 affected person or AP B次元官网网址 who got out of his vehicle and walked toward police with a pistol in-hand. ItB次元官网网址檚 not unreasonable to B次元官网网址渃onsider those actions as posing an immediate and critical threat to officers and to deploy lethal force in their defence.B次元官网网址
The use of the police service dog was also appropriate, he found. B次元官网网址淕iven APB次元官网网址檚 previous behaviour, it was reasonable to view him as a continuing threat to officersB次元官网网址 safety while still within reach of the firearm (the officers, of course, had no way to know it was not loaded). The limited use of the dog to move him away from the gun was justifiable, and was certainly preferable to further use of lethal force.B次元官网网址
The report concludes neither officer committed an offence meaning the matter will not be referred to Crown counsel for consideration of charges.