ASIRT determines Cochrane RCMP's shooting of armed man reasonable use of force

Alberta’s Serious Incident Response Team has released the results of their investigation into a fatal shooting involving Cochrane RCMP on Dec. 7, 2019.

The report states the victim appeared to present a considerable risk to himself and others. The RCMP Emergency Response Team was called in, and negotiators tried to get him to surrender peacefully. He resisted these efforts and, when the Tactical Armoured Vehicle was removing the garage door, he fired at them.

At 1:46 a.m. on December 7, the man suddenly exited the residence with a rifle in his hands. The officer fired two shots, killing him. The report concludes, “Due to the threat presented to the officers and the public, this was a reasonable use of force. There are no reasonable grounds to believe that an offence was committed.”

Details of the incident were laid out in the report.

On December 6, 2019, information provided to the RCMP indicated that the man may be suicidal and had firearms with him in a Cochrane residence.

Late on Dec. 6, the following exchange took place:

Police: We just wanna come to a safe conclusion here today, and I’m wondering if you’d be willing to come outside with your hands up.

Man: Not a f***n’ chance.

Police: What’s it gonna take you to come out and talk to me?

Man: Coroner. … I don’t give a shit. I’m not going in handcuffs again. You’re not taking me to jail. That’s not f***n’ happening.

Police: So, the only reason you don’t wanna come out is 'cause you don’t want handcuffs?

Man: Well, I will not be f***n’ held against my will ever. F***in’ over my dead body.

The RCMP tactical armoured vehicle (TAV) was in the alley behind the garage. It was used to remove two cameras on the back of the garage and the garage door.

At 1:46 am on Dec. 7, the man, who had previously told police “I’m coming out with a loaded gun. Back off,” came out a window with a rifle.

Multiple officers yelled to drop the gun and to stop he but did not drop the gun. He continued to walk toward a motorhome parked in front of the residence. Multiple officers made the decision to fire. The one who fired first hit the man in the right arm and chest.

The rifle the man then dropped was a loaded 22-caliber Ruger with a full ten-round magazine. He had “DNR” (short for “do not resuscitate),” written on his body in marker.

The report describes some of the legal background as well.

Under s. 25 of the Criminal Code, police officers are permitted to use as much force as is necessary for execution of their duties.

Where this force is intended or is likely to cause death or grievous bodily harm, the officer must believe on reasonable grounds that the force is necessary for the self-preservation of the officer or preservation of anyone under that officer’s protection.

All uses of force by police must also be proportionate, necessary, and reasonable. Proportionality requires balancing a use of force with the action or threat to which it responds.

“The responding officers . . . took time to try to get the (man) to surrender. Only when the (man) confronted officers with a rifle did (they) respond with force,” the report states.