A Yukon Mountie who was shot by a fleeing suspect has been cleared by the Alberta Serious Incident Response Team (ASIRT) of shooting the man multiple times.The September 28 2022 incident unfolded in Whitehorse during an attempt to arrest a male individual, referred to as the affected person (AP), with outstanding warrants. Given the AP's history of violence, the RCMP Emergency Response Team (ERT) was called in to assist. At approximately 7:30 p.m., AP was spotted entering a vehicle parked in front of a residence. When officers attempted a traffic stop, AP exited the vehicle, fled into a nearby property and an altercation ensued.The subject officer (SO) was engaged in containment on the northeast corner of the property where AP fled. The confrontation between SO and AP resulted in the discharge of firearms from both parties. The SO fired ten rounds from his police-issued carbine, while AP discharged three rounds from a 9mm handgun. Despite sustaining multiple gunshot wounds, both the SO and AP survived their injuries.In the SO's statement, provided willingly to ASIRT, the officer detailed his prior knowledge of AP's criminal history and the events leading up to the shooting. The SO recounted the pursuit, the moment when AP and he discharged their firearms and the subsequent actions taken to address his injuries.The AP suffered: 1) entry sites identified in left shoulder (multiple), left upper arm (single) and left forearm (multiple) resulting in severely comminuted left humeral head fracture with related left glenoid fracture. 2) entry sites to right forearm (multiple) and hand (multiple) resulting in severely comminuted fractures to right hand with multiple lacerations, bone loss and likely median nerve damage. 3) Three entry sites to right anterior chest and one entry site to right lateral chest. 4) Two entry sites to epigastrium – one penetrated fascia to cause laceration to left lobe of liver, and;5) multiple entry sites to left lower leg.Medical records for SO confirmed he had a gun shot wound to the right thigh that also exited the right thigh. He was treated in hospital for the wound and was subsequently discharged.The forensic examination of AP's firearm, a prohibited weapon, indicated the discharges were intentional and not accidental. The analysis concluded that the use of force by the SO was proportionate, necessary and reasonable given the circumstances.Under section 25 of the Criminal Code, the use of force by police officers is justified when believed to be necessary for self-preservation or the protection of others. ASIRT found the SO acted lawfully, fulfilling his duties in attempting to apprehend AP. Despite conflicting accounts, physical evidence and firearm analysis supported the version of events provided by the SO.ASIRT, having completed its investigation, concluded there is no evidence to support claims of unlawful or unreasonable conduct by the SO.
