The Independent Investigations Office (IIO) has concluded that no officers committed an offence during a long stand off between RCMP and a former military member in Courtenay last year.
The veteran had been diagnosed with PTSD and had a significant history in the justice system involving allegations of violence, threats and non-compliance with police.
He had been released on bail conditions that included house arrest but was able to go out Sunday and Wednesday afternoons, or with written permission from his bail supervisor.
On Sunday, April 7, 2024, police received calls around 1:45 p.m. in the afternoon that a person was outside a home causing a disturbance by yelling obscenities and threats.
The responding officers received incorrect information about the man’s bail conditions which led to an argument at the front door when police said he was breaching his bail conditions.
The man locked himself inside the home while uttering threats at police, who worked to obtain a warrant to enter the house and arrest him.
Armed with a large knife, the man continued to threaten police which resulted in charges of uttering threats and assault with a weapon being added to the warrant application.
ERT members arrived around an hour later while crisis negotiators continued to attempt to communicate with the person, who stated he would use lethal force against them.
At 5:13 p.m., ERT members tried to use a ram to prevent the person from opening the garage door, which he was able partially open and attempted to grab the ram. At that point, the police fired pepper ball rounds at his hands.
Police contacted his lawyer at 6:45 p.m. at his request and were told the lawyer had unsuccessfully attempted to persuade him into surrendering and leaving the house.
Police received their warrant at 7:12 p.m. and started preparations to fire gas into the residence and force the man out but suspended that plan after he asked for a telephone number to negotiate.
A call was received by police from an acquaintance, who said the man did not possess any firearms and was wearing a gas mask.
Officers entered the home and began a search, eventually inserting a camera into a crawl space where they the observed the man hiding.
Officers spent an hour attempting to use a firehose to knock the gas mask and knife away from the person.
His right hand was broken when it was hit by an impact round.
At 10:47 p.m., the man told police he wanted to come out, leaving the knife in the crawl space and departing through the hatch.
He was wet and shivering, had suffered a broken right forearm, a puncture wound to his thigh, and injuries to both hands which included fractured fingers.
He later told IIO investigators that he had not breached his conditions and didn’t want police entering his home.
He said police had tasered him 16 times, shot him repeatedly with 40 mm rounds, and said the police “tried to drown me” in the crawl space.
He added he had no intention of harming police, was trying to remember his military training, and police were civilians, and he had a duty to defend and protect.
The IIO concluded it was unfortunate the officers who initially responded to the report were misinformed about his bail conditions, but they had grounds to make an arrest because of the person yelling and causing a disturbance.
The IIO didn’t find enough reasonable ground to believe an officer committed an offence and no charges will be referred to Crown Counsel for consideration.
