Use of police canine throughout B.C. arrest was not extreme: IIO

An RCMP officer won’t face prison prices for an arrest final 12 months that left a person with “critical lacerations to his face and forearm” from police canine bites, in accordance with the Independent Investigations Office of B.C.

Chief Civilian Director Ronald MacDonald discovered the RCMP officer’s use of power throughout the arrest in Penticton was not extreme and declined to ahead a report back to Crown counsel for consideration of prices.

MacDonald stated the choice “was not a straightforward one within the circumstances of this case” however that “it may well additionally pretty be stated that these circumstances weren’t straightforward for the officer both.”

The officer who deployed the police canine, referred to within the report as the topic officer, or “SO,” didn’t give an announcement or different proof to the IIO. Neither did the person who was injured, known as the affected person, or “AP”

The proof reviewed included witness statements, audio recordings, WeChat messages, scene images and medical proof. The IIO additionally obtained dashcam video from three cruisers, however the report famous that the arrest itself was not captured on digicam.

On May 15 at round 9 p.m., in accordance with the report, police in Kelowna noticed a stolen pickup truck being pushed by a person they acknowledged as a “prolific offender” who “was understood to have used stolen automobiles to ram police automobiles up to now to evade seize.” One different man and two girls have been additionally within the truck on the time.

The officers referred to as in a police canine handler as backup and adopted the car to Penticton.

“The occupants have been participating in what the officers judged to be suspicious behaviour, driving slowly round apparently searching for alternatives to commit property crimes,” in accordance with MacDonald, who provides that they have been seen siphoning gasoline round 3 a.m. on May 16.

About an hour later, the truck stopped close to the Penticton Airport and the 2 males obtained out, the report says. The police turned on their emergency lights and moved in to arrest them when one among them – not AP – ran.

A witness officer instructed the IIO that AP additionally appeared like he was “turning to run” when the canine was launched and that AP then “went down towards the bottom” the place he was bitten and severely injured. MacDonald famous a number of issues that made the circumstances difficult together with the issue officers would have had seeing, considerations over the likelihood that AP might have a weapon, and the truth that among the responding officers have been pursuing the opposite man whereas the arrest of AP was underway.

“It was not unreasonable for SO to ship the canine after a fleeing suspect, although it does seem AP was given little alternative to make it clear that he was surrendering, and there’s no proof SP gave clear warnings concerning the canine, as is mostly required by the Provincial Policing Standards,” MacDonald wrote.

“On stability, this isn’t a case by which the actions of the topic officer have been clearly pointless or unreasonable, and it can’t be stated that the usage of the (police service canine) was a use of extreme power.”

The different man was arrested after the police canine tracked him to a close-by property, however was not injured. The two girls have been arrested within the pickup truck “with out incident,” in accordance with the IIO.