The Alberta Serious Incident Response Team (ASIRT) has determined Edmonton Police Service (EPS) officers were justified to use lethal force against a man with a gun in 2022. “On March 25, 2022, ASIRT was directed pursuant to Section 46.1 of the Police Act to enter an investigation into the circumstances surrounding a fatal officer-involved shooting involving officers of the EPS,” said ASIRT Executive Director Michael Ewenson in a Friday ruling. Two off-duty EPS officers arrived to start work at EPS Headquarters in 2022. The officers heard a loud bang similar to a gunshot and saw a suspect at a picnic table in the area where the shot had come from. They noted the suspect was in possession of what they believed was a black pistol. They notified patrol supervisors in Downtown Division. The supervisors arranged for additional resources and approached the suspect. A long line of 13 officers followed him as he walked backwards away from them. A conducted energy weapon was deployed on him twice, but it was ineffective likely due to the baggy winter clothing he was wearing. Subsequently, he began to raise the barrel of his firearm in the direction of the officers around 95 St. and 105 Ave. Four officers fired at him, hitting him multiple times. He died because of the injuries he suffered. He was found in possession of two single shot pipe shotguns and two single shot pistols. Another item he had on him was a notebook. Inside there was an excerpt where he stated he “was tormeting (sic) the cops to come after me to take me out because I won’t stop for them.” At autopsy, he was found to have methamphetamine in his system. Ewenson acknowledged the officers “were lawfully placed and acting in the execution of their duties, having responded to a report of a person armed with a firearm.” Under Section 25 of the Criminal Code of Canada, police officers are permitted to use as much force as is necessary for the execution of their duties. Where this force is intended or is likely to cause death or grievous bodily harm, the officers must believe on reasonable grounds it is necessary for the self-preservation of the officer or preservation of anyone under their protection. He said their use of force is not to be assessed on a standard of perfection and without the benefit of hindsight. With the benefit of hindsight, time for detached reflection and knowledge of the ultimate outcome, it is easy to speculate about how the outcome would have changed. However, that is not the standard against which officer conduct is measured. After a complete investigation into the conduct of the officers, Ewenson said he believes they acted right when executing their duties. “There is no evidence to support any belief that any officer engaged in any unlawful or unreasonable conduct that would give rise to an offence,” he said. “While the death of AP (affected person) is unfortunate, the force used by the subject officers was necessary and reasonable in all the circumstances.”This ordeal comes after an EPS officer was told on September 1 a man with a firearm was outside a house close to 116 Ave. and 123 St. READ MORE: ASIRT investigating Edmonton police officer-involved shooting, man died on sceneThe officer went to the back of that house and found a man with a firearm. He had to discharge his firearm during a confrontation.An attempt to save the man's life happened at the scene. However, he died from his injuries.
