The Alberta Serious Incident Response Team (ASIRT) has released its findings on a fatal officer-involved shooting that occurred near Rocky Mountain House in August 2021, concluding that the actions of the RCMP officers involved were justified.

The incident unfolded following an investigation into an armed carjacking in Parkland County earlier that day. Police identified a 39-year-old man (AP) as a suspect, who was also believed to be involved in a homicide in Edmonton. It was later confirmed that he shot and killed his ex-girlfriend, and shot and seriously wounded a male.

In the early morning hours of Aug. 14, AP, armed with a shotgun, barricaded himself inside an outbuilding at an oilfield battery site west of Rocky Mountain House. Despite negotiations by a trained RCMP negotiator, the man repeatedly threatened to engage in a shootout with police, made references to “suicide by cop,” and fired shots within the building.

AP had contacted RCMP earlier in the day, believing they were looking for him. He advised them that he was in possession of firearms and that he was holding a hostage. (It was later determined that he never had a hostage.)

Once they were confident no hostage was inside, police deployed tear gas into the outbuilding. When AP emerged, he refused to drop the shotgun and pointed it at officers.

Three RCMP Emergency Response Team (ERT) members, fearing for their lives and the safety of their colleagues, discharged their service weapons, fatally wounding the suspect.

The autopsy report indicated that AP had four gunshot wounds to the body. The cause of death was multiple gunshot wounds. Toxicology found small amounts of ethanol and
fentanyl and a significant amount of cocaine in his blood. Cannabis was also present in his system at the time of death.

ASIRT’s comprehensive investigation, which included witness interviews, scene examination, and analysis of text records and social media interactions, determined that the officers’ use of force was:

• Proportionate: The suspect posed a significant and imminent threat to the lives of the officers with his armed and aggressive behavior.
• Necessary: All other available de-escalation tactics, including negotiations and the deployment of less-lethal force, had been exhausted.
• Reasonable: Given the escalating threat and the suspect’s refusal to comply with police orders, the use of lethal force was deemed the only reasonable course of action to protect the officers and prevent further harm.

Under s. 25 of the Criminal Code, a police officer is justified in doing what he or she is authorized to do and to use as much force as is reasonably necessary where he or she has reasonable grounds to do so. Force intended to cause death or grievous bodily harm is justified if the officer believes, on reasonable grounds, that the force was necessary to prevent the death or grievous bodily harm of the officer and/or any other person.

The analysis under s.34 of the Criminal Code leads to a similar finding that subject officers’ actions were lawfully permitted.

You can read the entire ASIRT report here.