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

City of Surrey to remove eight dead trees along stretch of road where SUV was hit

Assessment confirms tree that fell was dead; others to be removed ‘early this week’

CCTV cameras help Surrey RCMP arrest two bank robbery suspects

The robberies were in North Surrey on Nov. 7 and Oct. 1

New Surrey Police force ‘swallowing up’ city’s funds, Annis says

City councillor says draft city budget shows new force coming at expense of ‘everything else’ in the city

Guitar ‘swap & sale’ planned at Cloverdale’s Shannon Hall

40-plus vendors are signed up for event on Saturday, Nov. 23

Totems, Mariners win South Fraser volleyball titles

South Surrey teams now advance to provincial high school championships in Langley

Cold, stormy winter forecast across much of Canada, The Weather Network predicts

In British Columbia temperatures will be slightly above normal and precipitation will be just below normal

UPDATED: Vancouver Island’s Joe gets suspended sentence in Teddy the dog cruelty case

Melissa Tooshley expected in court on Thursday in same case

Nineteen boats carrying invasive mussels stopped at B.C. borders

Waters of Columbia-Shuswap still test mussel-free

Woman ‘horrified’ after being told to trek 200 kilometres home from Kamloops hospital

‘I can’t get from Kamloops back to 100 Mile House injured, confused… no shoes, no clothes whatsoever’

Canadian universities encourage exchange students in Hong Kong to head home

UBC said 11 of its 32 students completing programs in Hong Kong have already left

Midget no more: Sweeping division name changes coming to minor hockey in Canada

Alpha-numeric division names will be used for the 2020-2021 season and beyond

Duncan man gets suspended sentence in Teddy the dog cruelty trial

Joe also gets lifetime ban on owning animals

B.C. pushes for greater industry ‘transparency’ in gasoline pricing

Legislation responds to fuel price gap of up to 13 cents

B.C. woman ordered to return dog to ex-boyfriend for $2,000

After the two broke up, documents state, they agree to share custody of the dog, named Harlen

Most Read

l -->