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

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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

 

Investigation justifies shooting of homeless man by B.C. RCMP officer

Just Posted

Victoria Hospice staff Brianne Ohl, left, Angela Chalmers, right, and Sandi Ogloff, at back, show off their buttons that show a picture of them smiling. Staff has worked hard to maintain the connections with patients despite the barriers of PPE and rigid COVID-19 protocols. (Victoria Hospice Photo)
Hospice provides compassion in a time of COVID

Victoria Hospice 40th anniversary on pause during pandemic

Sidney has moved the remaining parts of its public consultation phase part of the Official Community Plan online. (Black Press Media File)
Sidney moves to an ‘all online engagement’ process for OCP

Staff says OCP charrette scheduled for mid-February

Look for the Random Act of Kindness Day colouring contest in Black Press issues Jan. 17. Physical entries can be mailed or dropped off to local Black Press offices. A scanned or photographed entry can be emailed to info@victoriafoundation.bc.ca. Winning entries can get a $50 gift card to Bolen Books and a $100 donation to a charity of their choice from the VIctoria Foundation. (Pixabay)
Colouring contest coming for Kindness Day

Kindness Day colouring contest in partnership with Victoria Foundation

(File photo)
‘Very lucky’: Two passengers, dog escape rollover crash in Saanich unscathed

Vehicle flips on Trans Canada Highway after hitting median, possibly due to ice, firefighter says

The large metal gate stolen from Muddy Valley Farm in rural Saanich on Jan. 18 reappeared less than a week later. (Muddy Valley Farm/Facebook)
Large metal gate stolen from Saanich farm makes mysterious reappearance

12-foot gate returned to Muddy Valley Farm less than a week after it was stolen

U.S. Senator Bernie Sanders sits in on a COVID-19 briefing with Dr. Bonnie Henry, provincial health officer, and Adrian Dix, B.C. minister of health. (Birinder Narang/Twitter)
PHOTOS: Bernie Sanders visits B.C. landmarks through the magic of photo editing

Residents jump on viral trend of photoshopping U.S. senator into images

Nanaimo Regional General Hospital. (News Bulletin file photo)
COVID-19 outbreak declared at Nanaimo hospital

Two staff members and one patient have tested positive, all on the same floor

A long-term care worker receives the Pfizer vaccine at a clinic in Nanaimo earlier this month. (Island Health photo)
All Island seniors in long-term care will be vaccinated by the end of this weekend

Immunization of high-risk population will continue over the next two months

A 75-year-old aircraft has been languishing in a parking lot on the campus of the University of the Fraser Valley, but will soon be moved to the B.C. Aviation Museum. (Paul Henderson/ Chilliwack Progress)
Vintage military aircraft moving from Chilliwack to new home at B.C. Aviation Museum

The challenging move to Vancouver Island will be documented by Discovery Channel film crews

A video posted to social media by Chilliwack resident Rob Iezzi shows a teenager getting kicked in the face after being approached by three suspects on Friday, Jan. 22, 2021. (YouTube/Rob i)
VIDEO: Security cameras capture ‘just one more assault’ near B.C. high school

Third high-school related assault captured by Chilliwack resident’s cameras since beginning of 2021

FILE - In this Feb. 14, 2017, file photo, Oklahoma State Rep. Justin Humphrey prepares to speak at the State Capitol in Oklahoma City. A mythical, ape-like creature that has captured the imagination of adventurers for decades has now become the target of Rep. Justin Humphrey. Humphrey, a Republican House member has introduced a bill that would create a Bigfoot hunting season, He says issuing a state hunting license and tag could help boost tourism. (Steve Gooch/The Oklahoman via AP, File)
Oklahoma lawmaker proposes ‘Bigfoot’ hunting season

A Republican House member has introduced a bill that would create a Bigfoot hunting season

Economic Development and Official Languages Minister Melanie Joly responds to a question in the House of Commons Monday November 23, 2020 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Federal minister touts need for new B.C. economic development agency

Last December’s federal economic update promised a stimulus package of about $100 billion this year

FILE - In this Nov. 20, 2017, file photo, Larry King attends the 45th International Emmy Awards at the New York Hilton, in New York. Former CNN talk show host King has been hospitalized with COVID-19 for more than a week, the news channel reported Saturday, Jan. 2, 2021. CNN reported the 87-year-old King contracted the coronavirus and was undergoing treatment at Cedars-Sinai Medical Center in Los Angeles. (Photo by Andy Kropa/Invision/AP, File)
Larry King, broadcasting giant for half-century, dies at 87

King conducted an estimated 50,000 on-air interviews

Comox Valley RCMP are looking for witnesses after the theft of a generator worth thousands of dollars. Photo supplied
RCMP asking Vancouver Island residents to watch for stolen generator

Vehicle may have been travelling on Highway 19

Most Read