ASIRT says Alberta RCMP officer used excessive force but will not face charges

Alberta’s police watchdog says an RCMP officer used unjustified force by pointing a handgun at the back of a suspect’s head during an arrest near Valleyview, but prosecutors declined to recommend criminal charges.The Alberta Serious Incident Response Team (ASIRT) concluded there were reasonable grounds to believe the officer committed an offence following an October 2023 high-speed pursuit. The Alberta Crown Prosecution Service (ACPS), applying a different legal standard, concluded charges should not be laid.The incident began Oct. 29, 2023, at about 11:30 p.m. when police received a 911 call from a motorist near Valleyview reporting another vehicle had been speeding, cut him off and had an occupant throw rocks at his windshield.Shortly after midnight, an officer located a vehicle matching the description and attempted a traffic stop. The driver instead sped away.Police received authorization for a pursuit that lasted about seven minutes. ASIRT said the vehicle travelled at high speeds on rural roads and repeatedly crossed into oncoming traffic before eventually becoming disabled on a dirt road.The officer initiated a high-risk traffic stop and repeatedly ordered the driver to show his hands and turn off the vehicle.The driver initially failed to comply. After the officer warned, “Show me your hands, or I’ll shoot you,” the driver put his hands outside the window while apparently holding keys, according to ASIRT.The driver then pulled his hands back inside the vehicle instead of getting out..The officer approached with his service pistol drawn and sprayed pepper spray through the driver's window. The spray initially appeared to have little effect.The officer approached again and attempted to remove the driver. During the confrontation, he quickly pulled his firearm back while warning: “Don’t grab my gun — if you grab my gun again, I will shoot you.”The driver eventually exited and was taken to the ground after failing to follow further commands. A struggle followed before the officer gained control and restrained him.ASIRT said the officer then briefly pointed his handgun toward the back of the driver's head before holstering it and applying handcuffs.As the officer dealt with a female passenger still inside the vehicle, the handcuffed driver attempted to roll over. The officer put his foot on the man's head or neck area and kept it there until the passenger exited and followed instructions to lie on the ground.A second officer arrived about two minutes later and found a can of bear spray on the rear floor of the vehicle.The arrested man was later taken to Valleyview Health Centre, where medical staff diagnosed a facial contusion and two scalp lacerations. Medical records obtained by ASIRT showed both cuts required sutures..ASIRT concluded the officer was legally entitled to arrest the driver for dangerous operation of a motor vehicle and flight from police and acknowledged some force was reasonably necessary given the circumstances.However, investigators raised concerns about two specific actions: pointing the handgun at the driver's head and putting a boot on his head or neck.“Pointing a firearm at a person’s head, even momentarily, is an inherently dangerous act,” said the report.ASIRT said the driver was already prone and the officer had gained significant control over his wrists when the firearm was pointed at him.“Absent additional justification, the use of a firearm to control a partially restrained individual is, on its face, excessive, particularly where less intrusive force options are available,” investigators wrote.ASIRT concluded the threat posed by the driver had diminished once he was on the ground with his wrists controlled.“In those circumstances, the use of a firearm was neither reasonably necessary nor proportionate, and it follows that the act of pointing the firearm was not justified,” said the report.Investigators were also critical of the officer putting his foot on the man's head or neck after he had been handcuffed.“The head and neck are especially vulnerable areas of the body, and the application of force to those areas by means of a foot will rarely be justified,” wrote ASIRT.Investigators said it was unclear whether the action was deliberate or reflexive as the officer attempted to control the suspect while simultaneously ordering the passenger from the vehicle.ASIRT also identified discrepancies between video evidence and the officer's account.The officer did not report pointing his firearm at the back of the driver's head or stepping on his head or neck, investigators said. He also reported pulling the driver from the vehicle when video appeared to show the man getting out himself.ASIRT said the officer also failed to disclose that he delivered strikes while holding a flashlight in the same hand.“These discrepancies are relevant when assessing the reliability and completeness of the SO’s account,” said the report..ASIRT determined there were reasonable grounds to believe an offence had been committed and referred the case to ACPS on Oct. 24, 2024.Prosecutors delivered their opinion June 10, 2026.ASIRT noted the two agencies apply different standards. ASIRT determines whether reasonable grounds exist to believe an offence occurred, while prosecutors consider whether there is a reasonable likelihood of conviction and whether prosecution is in the public interest.“In this case, while ASIRT found reasonable grounds to believe an offence had been committed, for the reasons provided in their opinion, the ACPS did not recommend that charges be laid,” said the report.ASIRT said it will not lay charges against the officer.

ASIRT says Alberta RCMP officer used excessive force but will not face charges

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