The Independent Investigations Office has cleared 麻豆传媒映画police officers of any wrongdoing in the November 2016 shooting death of a 430-pound man who stabbed a police officer and a store clerk while attempting to steal a rifle at a Canadian Tire store on Grandview Highway.
The agency released its decision Feb. 1 and the report reveals a chaotic scene in which officers struggled to subdue Daniel Peter Rintoul after he emerged from the store armed with a knife and a large can of bear spray on the afternoon of Nov. 10, 2016.
Rintoul, who was 38 at the time of his death, isn鈥檛 identified by name in the report. But the BC Coroners Service confirmed four days after the shooting that shot by police outside the Canadian Tire on Grandview Highway, near Renfrew Street.
Three officers鈥攊dentified only as officers 1, 2 and 4 in the report鈥攆ired 10 bullets from their pistols at Rintoul, with nine of the rounds hitting him. Rintoul was also hit twice with a Taser, five 鈥渞ubber bullet鈥� rounds from an Arwen gun and pepper spray.
鈥淭he objective evidence demonstrates that [the man] posed a threat of deadly force to members of the public, who may have been in the store and possibly coming out, and to the lives of the officers present who later gave statements regarding their individual threat assessments,鈥� said the report signed by Chief Civilian Director Ronald J. MacDonald and lawyer Clinton J. Sadlemyer of the investigations office.
鈥淎ll of that evidence supports the reasonableness and necessity of the decisions by officers 1, 2 and 4 to shoot. Officers 1, 2 and 4 acted as required by their duties and in accordance with the law. The evidence collected does not provide grounds to consider any charges against any officer.鈥�
The force used by police occurred outside the store. Inside, Rintoul had already sprayed mace at a 53-year-old store clerk at the 鈥済un desk鈥� and cut his face and head with a knife. The store鈥檚 video surveillance showed Rintoul 鈥渂reaking open the glass gun case and trying to load a long gun,鈥� the report said.
鈥楯ust do what I say鈥�
He left the desk without a gun but was carrying a can of bear mace. A customer in the store said he saw the man coming down an escalator. He told investigators 鈥渢he next thing, he had his arm around me and he showed me his knife [and] said鈥︹�橨ust do what I say, and you won鈥檛 get hurt.鈥欌��
Store video shows the customer being guided by Rintoul, who was holding a knife on the customer鈥檚 shoulder. On the day of the incident, which began just after 3 p.m., 麻豆传媒映画police issued a news release saying an 82-year-old customer had been taken hostage.
The report doesn鈥檛 give the customer鈥檚 age, but said he was left unharmed by Rintoul moments before he left the store to be met by officers 1 and 2, one of whom was armed with a rifle (which investigators learned later wasn鈥檛 loaded).
The officers identified themselves as police, told Rintoul to 鈥済o down鈥� and that if he had a weapon, he should 鈥渄rop it.鈥� Rintoul started to spray the officers with mace as officer 2 fired his Taser at him. He 鈥渨ent down,鈥� the report said.
Witness accounts, including one from a person who kicked Rintoul in an attempt to help with the arrest, said officers got on top of Rintoul but were unable to handcuff him. One witness questioned, 鈥淗ow can anybody be that strong?鈥� The same witness said it looked like Rintoul was trying to get away.
鈥淭he video makes it clear that [the man] could not be controlled, likely because of his size,鈥� the report said. 鈥淚t appeared as though the few body blows the police were using to control him had no effect at all. The [man] took hold of officer 1 and started stabbing his face and shoulder. Officer 1 pushed [the police] rifle away slightly with his foot and [the man] rolled on top of him. As officer 1 struggled to get free from [the man鈥檚] grasp, he stabbed his stomach.鈥�
The officer then rolled away, stood up and unholstered his pistol. So did his partner. Both officers fired shots at Rintoul until he went down. Officer 1 鈥渟taggered slightly and fell to his knees.鈥� Seconds later, he collapsed onto his back, the report said.
鈥楩inish me off鈥�
At this point, Rintoul began repeatedly shouting 鈥渇inish me off鈥� as officer 2 continued to point his pistol at him. Between them, the officers had already fired seven shots at Rintoul. More officers arrived on the scene, with one spraying a small canister of pepper spray at Rintoul.
Rintoul was still yelling to police to 鈥渇inish me鈥� and spraying bear mace at officers. He started to roll his body towards the line of officers and it appeared he was attempting to stand up, the report said. While this was happening, two officers took hold of officer 1鈥檚 arms and dragged him several metres from Rintoul, 鈥渓eaving a trail of blood.鈥�
An officer--identified as officer 4 in the report--fired another round from a pistol at Rintoul. Another officer fired three rounds from an Arwen gun. Rintoul continued to spray bear mace at the officers. Officer 4 fired two more shots at Rintoul, whose 鈥渓eft leg came over his right leg and he was fully face down and motionless.鈥�
An officer then used his Taser on Rintoul and put him in handcuffs. He died at the scene.
The Courier attempted to reach Rintoul鈥檚 mother in Calgary to comment on the report鈥檚 conclusions, but she did not return a call before this story was posted. 麻豆传媒映画police declined to release the status of officer 1, who was stabbed in the incident until a later date.
Officers refuse interviews
The report noted the completion of the investigation was delayed because of court action that related to 鈥渁 difference of opinion that arose between the VPD witness officers and the IIO.鈥� The main issue was over an interpretation of a clause in the Police Act, which mandates that a witness officer must fully cooperate with an IIO investigation.
鈥淭he officers鈥� position was that they should be entitled, among other things, to review third party video of the incident prior to being required to give a statement,鈥� the report said. 鈥淭he IIO took the position that it was up to an investigative body, in this case the IIO, to determine when video would be shown to a witness, if at all.鈥�
The IIO commenced court action to require witness officers to give statements without conditions. In October 2018, a B.C. Supreme Court decision ruled in the IIO鈥檚 favour and ordered seven officers to attend for interviews with investigators.
The report, however, notes officers 2 and 4鈥攚ho were two of the officers who shot Rintoul with their pistols鈥攄eclined to provide 鈥渟tatements, notes, reports or data, as in their right.鈥� A memorandum of understanding between the IIO and B.C. police agencies, and consistent with the Canadian Charter of Rights and Freedoms, states that officers who are subject of an investigation are not compelled to provide a statement.
A total of 68 civilian witnesses were interviewed in the case.
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