Alberta’s Serious Incident Response Team (ASIRT) recommended charges following a December 25, 2022, police shooting at a Strathmore gas station, but the Crown has opted not to proceed. The decision has sparked questions after ASIRT’s investigation concluded that police officers’ use of lethal force appeared criminally justifiable yet still raised concerns about accountability.The incident began in the early hours of Christmas morning when a man entered the gas station acting erratically. Officers on scene attempted to negotiate with him for nearly 40 minutes before trying to place him under arrest. According to ASIRT, the man resisted physically, grabbed an officer’s baton, and armed himself with a tire hammer and wooden club. Repeated attempts with tasers and OC spray failed to subdue him.."As the officers from the surrounding detachments began to arrive, the AP exited the store with the tire hammer in his hand. SO1 was just pulling onto Wheatland Trail, beside the gas station, and the AP quickly walked towards his police vehicle. As SO1 exited his vehicle, he gave loud commands to the AP to stop; however, the AP continued to advance towards him with the tire hammer in hand. SO1 discharged five consecutive rounds at the AP causing him to fall to the ground," the ASIRT report reads"The AP started getting back up, while still holding onto the hammer, despite SO1 directing him to 'stop and “get down.' SO1 discharged another round causing the AP to fall back and lay on the ground unmoving for a few seconds.""SO2 arrived and ran around to the rear of SO1’s vehicle with his firearm drawn. The AP suddenly sat upright and got himself to a standing position while holding onto the hammer. He began hopping on his left leg and opened the driver’s door of SO1’s vehicle that had been left unlocked with the keys still in the ignition.""SO1 discharged another round. The AP continued to hold onto the hammer and grab onto the open driver’s side door while seemingly moving to enter the vehicle despite repeated commands to 'drop the hammer' and to 'get on the ground.' SO1 and SO2 both discharged multiple consecutive rounds causing the AP to fall onto the driver’s seat of SO1’s police vehicle."."He continued to be somewhat resistive — trying to sit up and push away from officers — as they approached the vehicle and removed the tire hammer from his hand and the key from the vehicle’s ignition. The AP later died from his injuries."ASIRT’s investigation confirmed the officers were acting in the lawful execution of their duties and under imminent threat, yet it noted that several aspects of the response merited scrutiny.Despite ASIRT’s findings suggesting there were grounds to consider charges, the Crown determined that there was insufficient prospect of conviction, citing Section 25 of the Criminal Code, which allows officers to use force, including lethal force, in self-preservation or to protect others.
