The B.C. Prosecution Service says no charges have been approved following alleged use of force by a Kamloops RCMP officer.
The prosecution service said Thursday (Jan. 23) that it was concluded that the available evidence doesn't meet the charge assessment standard, and there is no substantial likelihood of conviction for any criminal offence.
The incident, which involved a collision with a suspect on a bicycle on Dec. 3, 2021, was investigated by the Independent Investigations Office of B.C. Following the investigation, the chief civilian director determined there were reasonable grounds to believe the officer may have committed offences.
The B.C. Prosecution Service has released a statement explaining the reasons for not approving charges.
The officer was facing charges of aggravated assault, dangerous driving and dangerous driving causing bodily harm.
According to the statement, on the evening of Dec. 3, 2021, Kamloops RCMP received 911 calls for two incidents at a downtown shopping centre. The first was a report of a robbery involving a firearm outside of a drug store, and then another call two minutes later for a report of a theft and mischief at a nearby liquor store.
Each incident involved two male suspects, but witnesses could only provide limited descriptions. One witness said one of the suspects was wearing a black hoodie, while another witness said one of the suspects was wearing tie-dyed pants.
Mounties were called to the area, including the subject officer that was investigated. They went after a male wearing a black hoodie and tie-dyed pants into a park. The officers were in their police vehicles while the suspect was on a bicycle.
The subject officer caught up to the suspect "at a low speed" and hit the rear of the bike with an unmarked police vehicle, causing the male to fall to the ground. He had a "serious laceration to his groin area."
The speed limit in the park was 20 km/h, but the officer reached a speed of 60 km/h for two or three seconds before slowing down. The officer then re-accelerated to 65 km/h for one second, before decreasing to 33 km/h and ultimately 23 km/h when they hit the youth.
Police dashcam footage showed the suspect had his hood up, obscuring his face, but "his size and visible appearance were consistent with that of an adult male."
However, the person who was hit was a youth and unarmed.
B.C. Prosecution Service says that based on the available evidence, there is no substantial likelihood that the Crown could disprove at a trial that the officer has reasonable and probably grounds to arrest the suspect without a warrant for theft and mischief, and possibly for robbery. The statement adds that the evidence available at trial would support a conclusion that there were reasonable grounds to believe the male, potentially armed with a firearm, "posed a significant risk to the officer and public safety."
It adds that there is also a substantial likelihood that a court would conclude that it was reasonable for police to end the chase by making contact with the suspect's bike.