Alberta’s police watchdog has cleared a Calgary Police Service officer in a 2023 shooting that left a man seriously injured, despite finding there were reasonable grounds to believe an offence may have been committed.The Alberta Serious Incident Response Team launched its investigation after the July 22, 2023 incident, where officers responded to reports of a man armed with a sledgehammer who had broken into a basement suite and chased the occupant into the street.According to investigators, the suspect then began smashing the victim’s vehicle with the weapon as officers arrived shortly after 6 a.m. Police issued repeated commands for the man to drop the sledgehammer, but he refused and continued damaging the vehicle.Attempts to subdue him using a conducted energy weapon and pepper spray were unsuccessful. ASIRT found the man remained armed throughout the confrontation and did not comply with police orders.The situation escalated when the man, disoriented from pepper spray, turned toward officers and swung the sledgehammer in their direction. At that point, the subject officer fired a single shot, striking the man in the forearm..Despite being shot, the man got back to his feet and continued moving toward officers before being taken to the ground and arrested. He suffered multiple fractures to his hand requiring surgery.Witnesses, including the initial 911 caller and nearby residents, confirmed the man had been aggressively wielding the sledgehammer and refused to drop it. Video evidence, including body-worn camera footage, supported that he was still holding the weapon at the time of the shooting.The investigation also revealed the man was suffering from schizophrenia and had not been taking medication. He later told investigators he had not slept for days and admitted he intended to harm the victim, though he acknowledged he “wasn’t thinking clearly.”Under section 25 of the Criminal Code, police are permitted to use force — including lethal force — if they reasonably believe it is necessary to protect themselves or others..ASIRT concluded there were reasonable grounds to believe an offence had occurred, triggering a referral to the Alberta Crown Prosecution Service.However, prosecutors determined there was no reasonable likelihood of conviction and declined to approve charges. That decision reflects a higher legal threshold than the standard used by investigators.In its final report, ASIRT noted the suspect’s behaviour posed a potential threat of serious harm, particularly given his refusal to drop the weapon and the failure of less-lethal options. At the same time, the agency observed the man’s aggression had largely been directed at property rather than police, and that his level of threat may have diminished as he became disoriented.Ultimately, no charges will be laid against the officer, bringing the nearly three-year case to a close.
