FORT McMURRAY — Alberta’s police watchdog says an RCMP officer acted reasonably when he shot and wounded a man during an attempted arrest in a snowy ditch in Fort McMurray early last year.
In a decision released Nov. 28, the Alberta Serious Incident Response Team ruled there are no grounds for criminal charges against the officer, concluding the use of force was “proportionate, necessary, and reasonable” during a fast moving struggle on Jan. 11, 2024.
ASIRT says the officer had been investigating a hit and run involving a stolen red Chevrolet when he found the vehicle stuck off Confederation Way around 9 a.m. Investigators say the driver ignored commands, tried to flee, and fought the officer after he smashed the window to arrest him. During the struggle, the officer saw what appeared to be a black handgun under the man’s leg.
Video evidence reviewed by ASIRT shows the officer forcing his upper body through the window to disarm the driver. The report says the driver gained control of the pistol and began turning it toward the officer, who stepped back and fired a single round, striking the man in the lower left leg. The gun was later identified as a Glock-style pellet pistol, but responding officers also initially believed it to be real.
The watchdog found the officer reasonably feared grievous harm or death, noting the struggle lasted only seconds and occurred in deep snow with no cover available. Investigators said no lesser force option was viable once the firearm was pointed toward the officer, and noted the driver surrendered only after being shot.
ASIRT also rejected the driver’s claim he did not know the man approaching was a police officer, pointing to video showing flashing emergency lights, full uniform and clear verbal commands. The agency found parts of the driver’s account inconsistent with video evidence and physical evidence at the scene.
The report concludes the officer acted within both sections 25 and 34 of the Criminal Code, which allow lethal force in self defence or to protect others during lawful police actions. It offers no recommendations, stating the officer’s actions met legal thresholds and were justified in the circumstances.
Comments