The Alberta Serious Incident Response Team (ASIRT) has investigated and concluded that a 27-year-old man shot in a Stoney Nakoda residence by an RCMP member in 2017, was not unlawful.

ASIRT states they have no grounds to believe an offense was committed by the police officer, and therefore, no charges will be laid in the January 7th, 2017 incident. The mandate of ASIRT is to effectively, independently, and objectively investigate incidents involving Alberta’s police that have resulted in serious injury or death to any person.

The incident which occurred during a planned entry into a Stoney Nakoda First Nation residence to locate a man and two others suspected in the involvement of a homicide led to a confrontation resulting in the man being shot by an RCMP Emergency Response Team (ERT) officer.

Executive Director, Susan Hughson says after reviewing all the information from the investigation, it was concluded that there were no reasonable grounds, nor reasonable suspicion, to believe a police officer committed a criminal offense. Corroborating her decision, Hughson reviewed the investigation which included interviews by ASIRT of police members, civilian witnesses (including those present in the home that day), as well as crime scene information, photographs, radio communications, and any available video. 

The murder of a man that occurred six days before this incident had RCMP execute several arrest warrants at residences on the Stoney Nakoda First Nation in search of three men, wanted in connection to the murder. At the time, RCMP had information that the 27-year-old man had also been in possession of a firearm, which violated a court-order, and as such, the warrants were deemed to be high risk.

"At approximately 4 p.m., ERT simultaneously sent teams to execute the warrants at two neighbouring homes, one being the home of the family of the 27-year-old man and his brother, also wanted in relation to the same homicide. The father of the men met the officers at the doorway to the residence. Officers located the brother inside on the first floor and arrested him without incident. As the officers proceeded further into the home, several other people were located and contained on the main level while others emerged from the basement. When asked whether anyone was still in the basement, the officers were told no."

As officers went down to clear the basement, after announcing they had a warrant, the (later confirmed) 27-year-old man, yelled at the officers to get out and leave him alone. A single shot was then fired from the opposite side of the wall, penetrating through drywall and narrowly missing the officers. The officers called out “shots fired”, returned to the main floor and, after throwing a tear gas canister into the basement, evacuated the residence.

Aware that they were dealing with an armed man, RCMP took up positions to secure the residence after everyone had been moved to safety. 

"One officer went towards the treeline on the west side of the residence to establish a rear sniper point. He positioned himself behind an old washing machine approximately 12 metres from the house. While doing so, a gunshot was heard, believed to have come from the southwest corner of the basement near the basement window closest to the officer, and the officer reported hearing the sound of breaking glass."

Immediately after, a woman climbed out of the window followed by the 27-year-old man who was carrying a shotgun at waist level and pointing in the direction of the officer and the young woman. The officer fired a single shot from his rifle, striking the 27-year-old man in the torso, causing him to collapse to the ground, while other members moved in to secure the man and firearm.

"With tear gas coming out of the basement window, RCMP moved the man and placed him on a jacket on the snow-covered ground to prevent hypothermia. The RCMP loaded the man into an RCMP vehicle and transported him to an ambulance waiting a short distance away, as the house and scene had not yet been cleared and confirmed safe by ERT officers. These officers re-entered the residence and found it empty."

The man who was transported to a Calgary hospital was declared deceased from the single gunshot wound to his abdomen that cut through the main abdominal artery resulting in his death. A toxicology report also showed the man tested positive for methamphetamine.

The man’s 12-gauge tactical shotgun was found loaded with three unfired shells and in the firing position.

"Section 25 of the Criminal Code states that a police officer is authorized to use as much force as is reasonably necessary in the execution of his or her duties. When necessary, an officer is entitled to resort to lethal force where there are, subjectively and objectively, grounds to believe that the person presents a risk of imminent bodily harm or death to the officer or another person. Lastly, an officer may use lethal force to prevent flight in limited circumstances."

It was concluded the officer was lawfully placed and acting in the lawful execution of his duty, and that under the circumstances the force used was both reasonable and authorized under the Criminal Code. 

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UPDATE: RCMP Involved Shooting Ties in With Missing Man Investigation