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

Hometown actress Georgia Bennett makes it big in Little Women

Homegrown actress drawing rave reviews for her portrayal of Beth March

VIDEO: Newcomers join favourites in rounding out Sunfest’s amazing lineup for 2019

The Washboard Union, Cody Johnson, Mitchell Tenpenny, Aaron Goodvin: it just gets better and better

Descoteau’s mother, girlfriend reflect on tribulations of murder trial

Friends a strong support system in getting through testimony details

Another mill artifact finds a place in Chemainus museum

Famous door salvaged from storage holds a special significance for former manager Dobson

Strong winds to hit B.C.’s south coast

Western regions may see winds of up to 80 km/hr

Sea Kings’ final flight holds special meaning for Nanaimo family

Dozens of people turn out with family of pilot to wave farewell to Sea King helicopters

Two-year-old attacked by cougar near Mission, B.C.

Boy not seriously injured in incident on Monday afternoon

Trump signs order to create US Space Command

President Donald Trump signs an executive order to create a U.S. Space Command.

Groups preparing new pipeline legal challenge, argue government’s mind made up

A Vancouver-based environment charity is readying itself to go back to court if the federal government reapproves the Trans Mountain pipeline expansion.

Notorious Toronto triple killer gets third consecutive life sentence

Dellen Millard gets third consecutive life sentence for father’s death.

‘Subdued’ housing market predicted in B.C. through 2021: report

The Central 1 Credit Union report predicts “rising but subdued sales” over the next three years, with little movement in median home prices.

A journey through 2018’s top pop culture moments

Was there any pop culture this year? Of course there was.

‘A stronger Alberta:’ Ottawa announces $1.6B for Canada’s oil and gas sector

Price of Alberta oil plummeted so low that Alberta’s Premier said Canada was practically giving it away

Wicked weather, including heavy snow, rainfall, hammers southern B.C.

Environment Canada has posted winter storm warnings for the Coquihalla Highway, Highway 3

Most Read