The IIO released two cropped photos taken by a city of Kelowna employee just before the shooting.

Investigation justifies shooting of homeless man by Kelowna RCMP officer

Incident won’t be referred to Crown counsel for consideration of charges

An independent investigation has found a Kelowna RCMP officer should not face charges after shooting a homeless man in August 2017.

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 they 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 …too 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

KFD, COSAR rescue injured hiker in Kelowna

Rescue happened after 1 p.m. on Lost Lake Trail after woman injured her leg

Firefighter spring training comes to Lake Country

From LNG to breaking down doors, firefighters get training from industry pros

Okanagan-Shuswap weather: Thunderstorm possible for South Okanagan

The rest of the region will enjoy a sunny day.

Free GolfBC Championship hits Kelowna golf course

Gallagher’s Canyon Golf Club hosts the Mackenzie Tour June 13

Okanagan FC kicks off regular season Saturday night

OKFC starts their inaugural season of the Pacific Coast Soccer League (PCSL) in Penticton

Police say it’s “impressive” no arrests were made after Raptors celebrations

Toronto will play the Western Conference champion Golden State Warriors next

Social media giants in hot seat as politicians consider regulations in Ottawa

Committee members will also grill representatives from Facebook, Twitter

Neighbours help save Okanagan garage fire from spreading

Neighbours knock down fire enough before BX-Swan Lake firefighters arrive to fully extinguish

UBC researchers want to hear from rural residents on health care

Once completed, the project will inform health care planning and policy decisions

Kamloops RCMP investigate violent home invasion

Police believe the incident was targeted

Wildfire crews watching for dangerous wind shift in High Level, Alta.

The Chuckegg Creek fire is raging out of control about three kilometres southwest of the town

UN urges Canada to take more vulnerable Mexican migrants from Central America

The request comes as the United States takes a harder line on its Mexican border

Trail played role during fur trade era

Fur Brigade Trail in Okanagan has long history

Most Read