No charges will be laid against the Vancouver police officers who shot an armed man last summer in an exchange of gunfire that began in Yaletown and ended outside Science World.
The criminal justice branch of the Ministry of Justice announced Wednesday there was no evidence to prove any officers used unnecessary force June 10, 2014 in the daytime shootout that left the suspect with seven gunshot wounds.
“This analysis took into account the potential for collateral injury from gunfire in an urban setting and close proximity to a highly popular tourist attraction,” said the criminal justice branch in a news release. “To obtain a conviction for this offence, the Crown would need to prove that an officer’s conduct constituted a marked departure from the standard of care of a reasonably prudent police officer in the circumstances that existed.”
Police fired on the suspect because he was wanted for shooting Reckless Bikes store owner Paul Dragan on a sidewalk outside a Starbucks in Yaletown. The suspect used a bicycle to flee the scene on Davie Street and rode to Science World.
Various officers involved fired numerous rounds in Yaletown and outside Science World. Several bullets struck a business in Yaletown and others hit a fast-food outlet in Science World.
Police took the suspect into custody outside Science World. Dragan continues to recover from the shooting while Gerald Battersby, a former employee of Dragan’s, faces numerous charges, including multiple counts of attempted murder and unlawful use of a firearm.
“[The criminal justice branch] has concluded the available evidence does not establish that any of the officers discharged their firearms in a manner that would meet the test for an offence under [the Criminal Code], notwithstanding the urban environment,” the release continued. “The available evidence does not establish that actions taken by police were objectively unreasonable.”
Chief Adam Palmer said he wasn't surprised the criminal justice branch decided not to approve charges against his officers.
"They acted bravely, heroically -- well beyond the call -- and I'm really proud of what they did that day," he told the Courier.
The criminal justice branch reviewed the incident because the Independent Investigations Office (IIO) sent a report to Crown counsel after it ruled an officer may have committed an offence. The IIO conducts investigations into police-involved incidents that cause serious harm or death.
“As a matter of practice, the IIO does not make recommendations to Crown counsel as to whether charges should be approved,” said Richard Rosenthal, the IIO’s chief civilian director, in a statement posted Wednesday on the agency’s website. “As such, Crown counsel’s decision in that regard is independent of the IIO referral decision and is conclusive.”
Rosenthal said a report was sent to Crown counsel because his investigators were “unable to unequivocally conclude that there was no potential that an offence may have occurred.” He cited the potential risk of harm to bystanders.
mhowell@vancourier.com
@Howellings
