An Edmonton police officer involved in a fatal shooting will not be charged despite an ASIRT investigation saying there were reasonable grounds for charges.
On Wednesday, Alberta’s police watchdog — the Alberta Serious Incident Response Team (ASIRT) — released their report into a fatal officer-involved shooting that occurred in Edmonton on June 5, 2021.
ASIRT says just after 11 p.m. on June 5, 2021, EPS received a report of a suspicious person near 134 Avenue and 107 Street.
The report to police indicated that the individual appeared to be holding a weapon, like a knife or screwdriver.
When officers arrived, they found the man and a confrontation occurred, which led to an officer firing their service weapon and killing the individual.
On June 6, following the incident, ASIRT was alerted to the fatal shooting and began an investigation.
Through their investigation, ASIRT conducted interviews with several witnesses and officers, as well as reviewed information provided by the officer in question.
ASIRT says the officer reportedly chose not to be interviewed by ASIRT, however provided his police report including a diagram in his statement.
Reports from the officers indicated they arrived at the scene in an unmarked police vehicle, without lights and sirens, and didn’t see anything on an initial pass by the callers house.
On a return pass, one of the witnesses came out off their house and informed officers where they had last seen the man.
The officer took the information from the witness, and continued down the road, where a man matching the description provided to officers emerged from shadows under a tree, and stopped by the front bumper of a white SUV.
The report indicates the officers noticed the man was carrying a plastic bag full of bottles, while also noticing a handle wrapped in blue tape in his pocket. Officers noted at the time, they believed it could have been a knife or a screwdriver.
A conversation between the officers and the man then took place. During the conversation, the officers were informed by the man that he was picking bottles, before officers informed him they were investigating a weapons complaint and he match the suspects description.
Officers then noted the man’s voice and behaviour changed as it looked like he was trying to find something in his pocket.
The officers issued multiple warnings for the man to remove his hands from his pockets, however, he reportedly did not comply.
It was believed that the man was holding a gun, and the officer felt that the safest thing to do was to stop the potential threat and fired six shots at the man.
A search of the man following the shooting revealed the blue and silver item police saw in the man’s pocket was his cell phone.
Cell phone recovered by investigators following an officer-involved shooting in 2021. (Photo Credit: Alberta Serious Incident Response Team)
Police also found a blue lighter at the scene following the shooting.
Through more investigation, it was learned that poor lighting in the area at the time was a factor.
ASIRTs findings found the officer’s version of events to be problematic for multiple reasons. One reason involved the officer not having his flashlight, which was later found by Air-1 on the ground near where the officer would have been standing.
ASIRT adds that when the officer was photographed following the shooting, he had another officer’s flashlight on his duty belt, and his flashlight was missing.
ASIRTs investigation found reasonable ground for charges to be laid, and referred the case to the Alberta Crown Prosecution Service (ACPS).
In a statement to CityNews the ACPS says, “The Crown prosecutor assessed all the circumstances of this event and the potential admissible evidence and determined it could not be proven that the actions of the officer were unreasonable.”
Adding, “In hindsight, the perception of the constable was mistaken, and the result was tragic, but the action taken could not be proven to be criminal. Given this conclusion, no charges were recommended by the Alberta Crown Prosecution Service.”
Edmonton police say the officer is on leave with pay unrelated to this incident.
CityNews learned in August 2023, the officer was charged by ASIRT with assault with a weapon and assault causing bodily harm.
That charge was laid in connection to a 2019 ASIRT investigation regarding excessive use-of-force.
-With files from Carly Robinson