Alberta’s police watchdog stated that a Calgary police officer was justified in using deadly force during a shooting in Temple neighborhood in February.
ASIRT reported that numerous 9-1-1 calls were made about a man with a gun engaging in criminal behavior in public around 7 p.m. on Feb. 29.
Callers reported that a man was harming the public, attempting a carjacking, and striking a person in the head with a gun.
Police believed the same person was involved in all the incidents due to the timing and description provided in the calls.
The Calgary Police Service announced that the incidents seemed random and the victims were not known to the suspect. The incidents occurred near Temple Drive Northeast.
ASIRT stated that the officer was alone in a marked CPS vehicle and was responding to another call in the general area. The officer was receiving updates about the man with the firearm from colleagues.
According to the ASIRT report, the officer encountered a man matching the given description and holding a handgun. The officer parked his car in front of the man.
The officer identified himself and commanded the man seven times to drop the gun after exiting the vehicle.
The man was still holding the firearm and walked quickly towards the officer, attempting to manipulate the gun. He was waving his hands in an erratic manner while holding the gun.
The officer continued commanding the man to drop the gun while walking backwards towards the police vehicle. The man followed, using the gun to intimidate the officer.
When the man reached the front driver’s door of the police vehicle, the officer fired three shots, hitting the man in the leg. The man then fell to the ground, and the gun was thrown onto the road.
The man did not immediately show his hands after falling, and the officer ordered him to do so. Other officers arrived, and they approached, handcuffed, and provided first aid to the man, who was then taken to the hospital.
ASIRT pointed out that the police officer's vehicle had a camera facing the front and he had a body camera on, both of which were turned on.
The ASIRT report stated, “The police officer was unquestionably in the right when carrying out his duties … The police officer had tried everything by giving many lawful commands and trying to keep a safe distance from the man.”
“In this situation, the police officer used lethal force when faced with a member of the public who was confronting them with what seemed to be a deadly weapon. An examination of the gun later showed it to be an airsoft gun. This detail is not relevant to the legal analysis. The gun appeared real and the police officer was justified in treating it as a deadly threat given the circumstances.”
Akol Acuil Piok, 36, was charged in connection with the incident, CPS said on March 3. He was charged with three counts of robbery, two counts of assault with a weapon and two counts of failure to comply with a probation order. His case is before the courts.
