Calgary Police Officer Avoids Criminal Charges Despite Watchdog's Finding of Unnecessary Gunfire
A Calgary police officer will not face criminal charges despite the Alberta Serious Incident Response Team's conclusion that he wrongfully discharged his weapon at fleeing home-invasion suspects during a 2019 incident. The Alberta Crown Prosecution Service declined to prosecute after reviewing ASIRT's investigation file.
Watchdog's Investigation Details Questionable Second Volley
In a report examining the March 23, 2019 incident, ASIRT determined that an officer responding to a home invasion at a mobile home park in the 2700 block of 86th Avenue S.E. was justified in returning fire after a suspect discharged a shotgun from a fleeing Ford Escape SUV. However, the watchdog agency found reasonable grounds to believe the officer acted illegally by firing a second volley of shots as the vehicle was driving away.
"As a result of the questions regarding (the officer's) later shots at the SUV, the acting executive director was of the opinion that the investigation provided reasonable grounds to believe that an offence had been committed," stated ASIRT executive director Matthew Block in the report.
Crown Prosecution Service Declines to Lay Charges
Despite ASIRT's findings, the Alberta Crown Prosecution Service chose not to recommend criminal charges after reviewing the case. Block noted that "while ASIRT found reasonable grounds to believe an offence had been committed, for the reasons provided in their opinion, the ACPS did not recommend that charges be laid."
The six-year veteran officer had been approaching the residence on foot when he encountered the fleeing SUV. According to body-worn camera footage described in the report:
- The officer yelled at the driver to stop
- The front passenger discharged a shotgun outside the passenger window
- The officer returned fire with four rounds as the vehicle approached him
- He fired another six shots as the vehicle drove away
Aftermath of the Shooting Incident
Following the officer's final rifle shot, the SUV crashed into a nearby home. The incident resulted in:
- The driver sustaining a bullet wound to his back
- Bullet fragments lodging in the passenger's cellphone
- The injured suspect, believed to be in his 30s, spending 10 days in hospital before recovering
- A man in his 20s, thought to be a victim of the home invasion, found inside the mobile home with serious injuries
ASIRT officials noted that body-worn camera footage analysis suggested the suspect's shotgun might have been fired into the air rather than directly at police. However, the report stated that "whether (the suspect) fired into the air or at (the officer) is immaterial — firing off a shot into the air in this circumstance can only be interpreted as that (the suspect) was prepared to shoot (the officer) as well."
The case highlights the complex legal determinations involved in police use-of-force incidents, particularly when watchdog agencies and prosecution services reach different conclusions about the appropriateness of officers' actions during rapidly evolving, dangerous situations.
