A police officer who shot and wounded a Vancouver man after being attacked with his own baton on Aug. 17, 2021, won’t face criminal charges, B.C.’s police watchdog has determined.
A newly released report from Jessica Berglund, Independent Investigations Office of B.C. (IIO) civilian director, said the officer was justified in using his pistol as the man had already taken his extendable steel baton.
She said the use of potentially lethal force is justified in law to protect against an assault appearing to threaten grievous bodily harm or death.
“This was just such an assault,” Berglund said.
The release of the report comes a day after a fatal police shooting of a man in downtown Vancouver.
Berglund said the incident happened when the officer entered a downtown Vancouver hotel lobby where a male was lying on a couch.
When the officer attempted to rouse the man, a fight caught on video began during which the man got hold of the officer’s baton and began to deliver “full-strength blows” to the officer.
The officer withdrew his pistol and shot the man. He suffered non-lethal wounds while the officer went to hospital with hand and head injuries.
A witness said the man had wandered into the lobby and appeared to be drunk or on drugs. An officer later asked if he were on drugs and he said, “Lots of meth.”
During the beating, the officer shouted “stop” several times.
Then, a discharge of smoke was seen on the video.
“The (man) falls back in evident pain to a sitting position on the floor, his hands clutching at the upper back area of his thighs,” Berglund’s report said. “The (officer) stands and steps to one side as two other Vancouver police officers enter the lobby, roll the (man) face-down and handcuff him.”
Several witnesses said they heard two shots.
Berglund said the purpose of an IIO investigation is to determine if an officer may have committed an offence resulting in serious harm or death.
She said the officer was in lawful execution of his duty in attending the hotel after a call from staff to deal with an unwanted person.
Berglund said the officer’s only action toward the man before the violent reaction was to touch him.
“There was no opportunity for the (officer) to attempt de-escalation, given the immediacy of (the man’s) attack,” she said. “Nothing in what (the officer) had done could justify (the man’s) unrestrained assault on him.”
Further, Berglund said, as the man had already obtained the baton, he might have taken the pistol as well.
She said the officer “had no choice but to choose a more serious force option to defend himself.”
