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An investigation by the police watchdog in Nova Scotia has found “no reasonable grounds” to believe a Halifax police officer committed a criminal offence when he shot a robbery suspect in January.
The incident happened on Jan. 17 after Halifax Regional Police responded to reports of two robberies at NSLC locations downtown.
“In both robberies the suspect sprayed a chemical irritant before leaving the store,” a release from the Serious Incident Response Team (SiRT) notes.
According to the report from the Serious Incident Response Team (SiRT)’s director, Erin E. Nauss, two officers found the male suspect near the corner of Quinpool Road and Quingate Place.
Through interviews with multiple officers and civilian witnesses, SIRT concludes that one of the officers discharged a taser, which struck the suspect, but it was “not effective.”
The report states the SO (subject officer) told SiRT the AP (affected party) or suspect said, “Is that all you got?” and “ripped out the taser prongs and started to run westbound on Quinpool Road.”
SiRT says the suspect had a knife — shown in a photo as a large butcher knife — in his waistband, which he pulled out.
According to the report, a video taken by a civilian witness shows the suspect “lunging at officers.”
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“Officers can be heard yelling ‘On the ground,’ and the AP lunges towards the officers. The second time officers are heard commanding him to get on the ground, you can hear sirens in the background,” the report says the video shows.
“The AP again motions in the direction of officers. An officer yells: ‘Knife, knife, knife.’ The AP’s left arm was reaching toward the front of his body. An officer yells again for him to get on the ground. Two police cars arrive, followed by a third, and they box the AP in next to the Superstore building. The AP can be observed making his way toward the SO, and three shots are fired.”
The report says the suspect did not want to provide a statement to SiRT but consented to the release of his medical records, “which confirmed that he sustained three gunshot wounds: two to his left chest/abdomen, and one to his left arm.” The man underwent surgery and survived.
“At the time of the incident the AP was on a release order and was prohibited from being within 5 metres of an NSLC and from carrying knives. (Director’s note: records indicate the officers were not aware of this until after the incident),” the report adds.
In its conclusion, SiRT says the fact the man had a knife and ran towards the subject officer was a “real and potentially deadly threat.”
“It was clear the AP was willing and prepared to use the knife. The AP had also used a sensory irritant twice leading up to the interaction with police, which can be debilitating and allow someone to access an officer’s duty belt and equipment,” the report says.
SiRT’s director also notes the AP had “been violent with police in the past,” which the subject officer knew.
“Based on a review of the facts and the law, I am satisfied that the SO acted reasonably to stop a major threat. The circumstantial evidence supports the perception of the SO that there were reasonable grounds to believe the threat to his own life and the lives of other officers and civilians was at risk,” concludes Nauss.
In the days after the shooting, Halifax Regional Police said the 37-year-old man was facing two counts of robbery, two counts of assault of a peace officer and three counts of possession of a dangerous weapon, along with other offences.
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