The Independent Investigations Office of B.C. (IIO BC) has cleared Â鶹´«Ã½Ó³»police officers of any wrongdoing in the Jan. 5, 2021 shooting death of a Downtown Eastside resident.
The agency, which investigates police incidents in B.C. that involve significant injuries or deaths, has determined that the Â鶹´«Ã½Ó³»Police Department (VPD) officers involved in the incident committed no offences, according to a report released today (Aug 24).
"As a result, the only realistic course of action was to use deadly force themselves," writes Ronald MacDonald, the chief civilian director at the IIO BC. "That use of force was justified on SO1's (Subject Officer) part in self-defence, and on SO2's in defence of SO1. The only other force options available to them—pepper spray, police baton or bare hands—would almost certainly have been ineffective against the charging, sword-wielding Affected Person."
The incident started around 4:40 a.m. Jan. 5, 2021, at a Salvation Army facility called Grace Mansion, when an employee called the VPD to report a resident was banging on windows, apparently intoxicated, states the report. Police were busy elsewhere and weren't able to immediately respond; the situation seemed to de-escalate when the resident went to his room.
Around 6 a.m. police were called again after the resident threw a piece of furniture out his window and had started shouting out the window about how he wanted to die. He was then seen in the building, naked and carrying a large sword. He smashed the sword on someone else's door.
The report states that according to video footage and witness statements he went next door, smashed the glass door and went inside briefly. The resident, who the report refers to as the Affected Person or AP, went back outside, where people backed or ran away.
After attempting to break back into Grace Mansion and stating he wanted to die, two officers arrived (SO1 and SO2 in the report).
"AP quickly got to his feet, picked up the sword, swung it, and then advanced on SO1 with the sword raised in his right hand, the blade held back over his shoulder," states the report. "Officers shouted repeated commands for AP to stop, drop the sword and get down on the ground but AP, swearing and shouting 'What you gonna do?' continued to come rapidly and aggressively towards and to gain on SO1, who was backing away with her firearm pointed at AP."
In their own reports, both officers stated they feared the man would seriously injure or kill someone with the sword, states the IIO BC report. Neither officer had a TASER and no beanbag shotguns were near to the scene.
As the man advanced to within 10 feet of SO1 both officers fired shots, totalling five rounds.
The whole sequence, from the officers getting out of the vehicle to the man being shot, was less than six seconds.
Other officers started to arrive shortly after. Police kicked the sword away, handcuffed the man and attempted first aid on the man. Paramedics subsequently arrived and took the man to a hospital where he was declared dead.
MacDonald's report states the officers "were responding appropriately" and had very little time to react to the charge with "a deadly weapon."
"Simply put," he , "they had no choice."
