Thursday, May 2, 2024

Police cleared of wrongdoing for killing sexual assault suspect near Tofino

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The Independent Investigations Office of BC (IIO) has closed the case of looking into police actions that resulted in the death of a man in the community of Opitsaht on Meares Island. 

The IIO is an independent organization responsible for ensuring police actions are within reason and anytime someone is seriously hurt or killed during a police-related incident, they automatically open an investigation into the matter. 

In February of 2021, two RCMP officers attended the island because they had received a report a woman was allegedly being held against her will and sexually assaulted.

During the incident, one suspect was shot and killed by police who have since been cleared of all wrongdoing by the IIO.

What happened during the incident

On February 27th, 2021 at around 8:54 p.m. a woman called the police from a Meares Island home. 

She told police that she had been “taken advantage of sexually” by two men who were physically preventing her from leaving the house. Police say she reported the two men were drinking in her call to the RCMP.

Two RCMP officers attended the home by taking a boat to the island from Tofino. They arrived at the house in question at around 9:30 p.m.

There were four individuals inside the home when police arrived, including the woman who had initially reported she was being held against her will and sexually assaulted. 

All four individuals’ recollection of the events which transpired once the RCMP officers arrived vary drastically as three were reportedly intoxicated and one was asleep in a bedroom away from the commotion. 

One of the police officers who attended the scene says the lights were all off when he and his partner arrived. 

The IIO report says once the door was kicked in by the officers in attendance, one of the men inside was brought outside, handcuffed and told he was being arrested for forcible confinement and sexual assault.

Another woman was inside and thought to be heavily intoxicated because she was “stumbling” near the couch saying that the man who’d been put in cuffs had done nothing wrong.

Police say they saw the other male suspect inside as well and believed he was holding knives. 

Once the suspect was spotted, one police officer said he unholstered his service weapon and shone his flashlight inside the dark home in the suspect’s eyes telling him to not come any closer. 

The man did not comply and the other officer drew their Conducted Energy Weapon (CEW or ‘Taser’). 

Police say the suspect was shot and hit by the taser which incapacitated him in the dark room.

At this point the officer who did not taser the suspect approached him to put him in cuffs and take control of the situation. 

When he got within a few feet of the suspect, he rose up, still holding the weapons thought to be knives, according to the officers present. 

Police say the man came at the officers, who re-drew their service weapons. One officer pulled the trigger but says he “didn’t feel the gun fire” while his colleague fired two shots from his peripheral. 

Following the shots fired, the suspect fell to the ground. 

Officers approached his body and discovered he was not holding knives, but he did have two metal files in his hands at the time he was shot.

Paramedics were called but had to come by boat, which took over an hour. During this time police say they attempted to find and tend to the shot suspect’s wounds but were hindered by one of the women who was in the house at the time. 

The man died of his wounds inside the Meares Island home. 

The witnesses who were home at the time had varying accounts of what happened, but all three claim the lights were on in the house and that the man who was shot and killed by police was simply ‘hot knifing’ cannabis. 

IIO’s conclusion

The Chief Civilian Officer of the IIO, Ronald MacDonald found that the two officers had attempted to de-escalate the situation in accordance with their training, but believed that they were at risk of harm from the suspect. 

MacDonald says that because the suspect approached the officer, lethal force was justified. 

“I do not believe that an officer may have committed an offense under any enactment and therefore the matter will not be referred to Crown counsel for consideration of charges,” MacDonald said in his conclusion. 

Indigenous civilian monitor

In April of 2022, an Indigenous man named Thomas George was appointed as an official ‘monitor’ of the incident.

George’s role was to review the reports, witness statements, evidence and the IIO’s conclusion on the matter to ensure everything was done with the utmost care and due diligence. 

In the end, his report found that the IIO did indeed fulfill their role in the independent investigation of what had transpired.

“Overall, I think the roles and responsibilities of the IIO were handled very clearly on the investigation,” George’s report read. 

“I think the investigation brings awareness to the public — they are neutral and not trying to point fingers.”

George said the IIO were thorough and mindful of the impact this investigation had on the small Meares Island community.

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Victoria Buzz Staffhttps://www.victoriabuzz.com
Your inside source for Greater Victoria happenings. Established in 2012.

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