The police officers who fatally shot a man experiencing a psychotic episode nine times have been commended for saving the life of his sister.
Justin James Filardo, 45, had stopped taking his antipsychotic medication at least a week before he attacked his sister, Bianca, then 48, last year at their family home in Melbourne’s outer east, the Victorian Coroners Court heard on Tuesday.
Upon arriving at the Yarra Junction home on July 30, police found Justin in a blood-stained bedroom, leaning over his sister with his hands clasped around her throat.
Bianca’s arm appeared to be twisted behind her back and was nearly severed.
When the police attempts to intervene, including deploying Tasers, failed to stop Justin, one officer fired his gun, and shot nine times before Justin fell to the floor. He later died.
Coroner David Ryan, presiding over the coronial inquest into Justin’s death, concluded on Tuesday that the police actions likely saved Bianca’s life.
“I’m satisfied that Justin’s death could not have been avoided, given the serious and ongoing threat to Bianca and the ineffectiveness of non-lethal options,” Ryan said.
Police arrived at the family home about 15 minutes after the siblings’ mother called Triple Zero to report the attack, Jessika Syrjanen, the counsel assisting the coroner, told the court.
The siblings’ mother told authorities her son was keeping a sword under his bed and had recently gone off his medication.
Syrjanen said one police officer recalled Justin gritting his teeth and appeared to be pressing Bianca’s throat as hard as he could.
“Before they used any force, the members clearly and repeatedly directed Justin to get on the floor and let go of his sister. When he did not comply, they used non-lethal force first, in the form of a Taser,” Syrjanen said.
One officer then pulled his gun from his holster, pointed it at Justin and ordered him on several occasions to let go of Bianca. When Justin did not obey, the officer fired.
“After the third shot, Justin yelled … ‘Ah, nup’ … but did not remove his hands from around Bianca’s neck,” Syrjanen said.
Justin fell to the floor after the eighth and ninth shots, the court heard.
The coroner described as remarkable the “rapid transition” one officer made from discharging his firearm to administering first aid and providing comfort to Bianca.
Ryan said he was satisfied with Syrjanen’s submission that Justin had received adequate mental health treatment for his schizophrenia, which included monthly appointments with his GP and check-ins with his psychiatrist at Eastern Health every six months.
At his final appointment at Eastern Health in March last year, clinicians found Justin to be alert, awake and co-operative, with no evidence of hallucinations, delusions, or suicidal and homicidal ideation.
Justin also appeared stable and well at his last GP appointment on July 4 – almost four weeks before he attacked his sister – at which point he was still taking his medication, the court heard.
“Until shortly before his death, Justin’s condition appeared to be stable and had been for many years, and there was no indication that Eastern Health needed to adjust their treatment regimen,” Syrjanen said.
Justin was remembered by his family as a cheeky, mischievous child who grew up with a love for swimming and playing the cello. He started exhibiting symptoms of schizophrenia in his late teens.
The circumstances of Justin’s death had devastated the family, Ryan noted.
“It must be acknowledged and remembered that he suffered from a significant mental illness and was very unwell at the time of the incident,” the coroner said.
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