The Victoria police officer, who fired the B次元官网网址渓ess lethalB次元官网网址� weapon that killed a woman Christmas Day, 2019, went from emotional and reflective to testy and confrontational during cross-examination Thursday (May 2).
Lisa Rauch, 43, had holed up in a supportive housing unit on Pandora Avenue on that afternoon in 2019, allegedly high on methamphetamine and wielding a knife. She died after being hit with rounds from an Anti-Riot Weapon Enfield (ARWEN) rifle, fired by officer Ron Kirkwood.
Kirkwood said he was about 15 feet away when he took the shot. Chris Considine, counsel for the Office of the Police Complaint Commissioner (OPCC), asked why he took the shot if Rauch was far enough away she could not hurt the officers with a knife.
B次元官网网址淪urely though, before you take a shot at somebody with either an ARWEN or a pistol in those circumstances,B次元官网网址� Considine asked, B次元官网网址測ou can then say to them, B次元官网网址榙rop whatever you have in your hands, show your hands, get on the ground.B次元官网网址橞次元官网网址�
KirkwoodB次元官网网址檚 tone became exasperated.
B次元官网网址淵es, if thereB次元官网网址檚 time to do that,B次元官网网址� he responded. B次元官网网址淏ut there wasnB次元官网网址檛, the apartment was on fire.B次元官网网址�
The unitB次元官网网址檚 rightful resident had summoned police and reported Rauch had a knife. Because of this, police had responded considering Rauch a threat to cause B次元官网网址済rievous bodily harm or death.B次元官网网址� Kirkwood testified that even though he couldnB次元官网网址檛 see the knife, he had to assume it was still in her possession.
Smoke was also seen coming from the apartment window, increasing the risk to police and others in the building. This was the reason officers decided to take action instead of allowing crisis negotiators to try to talk Rauch out.
But Considine referenced earlier testimony by firefighters who entered the unit with Kirkwood, who had said they were able to put the fire out fairly quickly.
Considine pressed Kirkwood on whether the fire was still a threat.
B次元官网网址淭hat was your perception,B次元官网网址� Considine said.
B次元官网网址淣o, itB次元官网网址檚 the perceptions of all of the police officers that were on scene,B次元官网网址� responded Kirkwood.
B次元官网网址淣ot the fire department, obviously,B次元官网网址� Considine said.
The public hearing is being held at the request of RauchB次元官网网址檚 family. Kirkwood has already been cleared by two inquiries, one by the Independent Investigations Office of B.C. and one by the OPCC. Neither of those processes were public, however.
It is not a criminal trial, and the two charges against Kirkwood B次元官网网址� abuse of authority and neglect of duty for failure to take proper notes B次元官网网址� carry penalties ranging from a reprimand to dismissal.
The public process provides a measure of accountability for RauchB次元官网网址檚 family, and an opportunity for Kirkwood to clear his name.
Though this hearing does not follow all the same procedures as a criminal trial, Kirkwood was still testifying voluntarily, and was called to the stand by his own counsel.
He gave an emotional account of how RauchB次元官网网址檚 death has impacted him and his family, as well as his reaction in the moments and hours afterward.
B次元官网网址淚 remember feeling like I couldnB次元官网网址檛 breathe,B次元官网网址� he told the hearing. B次元官网网址淭he impact of this has been immediate and profound and long lasting for me, it has been absolutely horrible.B次元官网网址�
His testimony brought clarity to some of the established narrative, but also cast doubt on parts.
Kirkwood said that when he entered the unit, he saw Rauch move from one side of the room to the other, but could not get the ARWEN ready in time to take a shot while he had a clear look at her.
He said that as he followed her movements he thought he was looking at her stomach and it was safe to take a shot B次元官网网址� or at least, he did not think he was aiming at her head and that the shot could therefore be lethal.
B次元官网网址淚n what seemed like half a second or a second later I see what I believe is Ms. Rauch standing where I saw her stop walking,B次元官网网址� He said. B次元官网网址淎nd I canB次元官网网址檛 see her head but what I can see is what I believe to be her stomach and upper torso from say, her clavicle to just below her belt line.B次元官网网址�
He also explained that this was not the first time he had used the ARWEN, and that in every other circumstance, the person was not badly injured by its use.
His testimony then diverged from some the other narratives heard at the hearing, particularly on the seriousness of the fire.
B次元官网网址淎s I look into the suite, IB次元官网网址檓 quite taken aback,B次元官网网址� Kirkwood said. B次元官网网址淭he room is filled with black smoke.B次元官网网址�
Firefighters had said previously in the hearing that the air was partially B次元官网网址渟crubbedB次元官网网址� by the sprinkler system, and that the smoke was lighter in colour. The firefighter who went in first to actually spray out the fire also said it was a small fire and was extinguished fairly easily.
But Kirkwood said the fire jumped back up again, and that this indicated to him an accelerant may have been used.
No fire investigation was done.
Another point laboured over during his testimony was why he failed to take notes after the fact, and instead took advice of counsel that his charter rights took precedent over note-taking policy because those notes could be used against him in a criminal investigation, should it come to that.
This runs counter to established law, but Kirkwood testified that is the advice he received.
This hearing could result in recommendations by the OPCC to clarify the rules and procedures for note-taking in similar situations.
Further testimony on the Victoria Police DepartmentB次元官网网址檚 note-taking policies is expected on Friday, May 3. The hearing will then adjourn until May 8, when KirkwoodB次元官网网址檚 counsel will continue to call witnesses.
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