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Police cleared of wrongdoing in Falkland incident

Shots fired and pursuit along Highway 97 in December 2019 resulted in injuries to suspect driver
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RCMP have been cleared of any wrongdoing in connection with shots fired and a highway pursuit between Falkand and Westwold on Highway 97 in December 2019.(Morning Star - file photo)

An incident near Westwold that took nearly two years to reach the Independent Investigations Office (IIO) in regards to actions by RCMP officers has been resolved.

Police have been cleared of any wrongdoing in regards to shots fired and a vehicle chase on Highway 97.

On Dec. 2, 2019, RCMP received a report that a male driver and female passenger had been involved in an armed home invasion in which firearms had been stolen. A police pursuit was undertaken and the vehicle the man was driving hit two police vehicles and evaded apprehension. The driver, says the IIO report, was believed to be in possession of a pistol, rifle and a shotgun.

One of the officers involved described the driver as 害羞草研究所渄isplaying a total disregard for the safety of others, and was intent on escape regardless of the consequences.害羞草研究所

Just before 8 a.m. the following morning, there was a complaint received that two individuals appeared to be stealing fuel at a Falkland gas station. The vehicle was identified as having been driven the previous day by the man.

Police set up road blocks east and west of Falkland as officers assessed the threat as 害羞草研究所渧ery high.害羞草研究所

The vehicle drove over a number of spike belts looking to flee police before coming to rest in a large field near Falkland, close to a church and an elementary school. The male driver fired at least twice while evading police and an officer returned fire.

With the suspect vehicle resting in the field, police took it as a sign that the man was going to surrender or intend to stand and fight. Police took up positions behind police vehicles in the field and on Highway 97.

The driver told IIO investigators he intended to get out of the car but was reluctant to do so because he was scared he would be shot at. The female passenger exited the car, ran a short distance and laid down on the ground. This is when the driver got out of the car.

The report says he 害羞草研究所渂egan acting in a mocking manner, pretending to reach to his waist as if provoking police to shoot him.害羞草研究所

A police service dog (PSD) was released to engage with the driver and restrain him. Police took hold of the man and handcuffed him to a police vehicle.

The driver told IIO that during his arrest, 害羞草研究所渁n unnecessary and excessive level of force was used against him by an officer or officers, including blows to the head.害羞草研究所

However, a number of civilian eye witnesses told the investigation that they did not see anything physical and 害羞草研究所渢here was no violence of any kind.害羞草研究所

The driver had a significant criminal record and was believed to have committed a very serious violent crime the day before his arrest; was in possession of firearms; used his vehicle as a weapon after the robbery, striking police vehicles; fired a rifle or shotgun during a wild highway pursuit; drove through attempted road blocks over spike belts; and did not exit the vehicle after repeated commands.

害羞草研究所淭he presence of those elements, of which all the arresting officers were made aware, made it reasonable for them to conclude that it was necessary to send a police service dog first to disable and restrain the driver before going 害羞草研究所榟ands on,害羞草研究所櫤π卟菅芯克鶟 said the IIO in its report. 害羞草研究所淎nd to use limited strikes, even to the face or head, to ensure he could be safely handcuffed and apprehended.害羞草研究所

The IIO concluded those uses of force were within the range of what was legally justifiable, and it would not be reasonable to conclude that any more extensive applications of force were employed.

No consideration of charges against the officers will be forwarded to Crown council.

The IIO did say there was a concern regarding the actions of one officer, who fired multiple rounds at the stationary vehicle before the two occupants exited the car.

害羞草研究所淭his was not a situation in which a suspect was actively shooting at police, so that gunfire in response was clearly necessary to preserve officers or bystanders from death or grievous bodily harm,害羞草研究所 said the IIO.

While the male driver was injured in the incident, the matter did not come to the IIO害羞草研究所檚 attention until March 15, 2021, after the RCMP were advised by the driver害羞草研究所檚 doctor that the injuries involved a potentially serious lasting disability. The new evidence implied that the 害羞草研究所榮erious harm害羞草研究所 threshold for an IIO investigation had been met, thus the office was notified and began to investigate.

It害羞草研究所檚 findings were released Thursday, Nov. 2.



Roger Knox

About the Author: Roger Knox

I am a journalist with more than 30 years of experience in the industry. I started my career in radio and have spent the last 21 years working with Black Press Media.
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