Two Surrey Police Service officers who fatally shot someone at a halfway house earlier this year will not face charges, according to the Independent Investigations Office of B.C.
An IIO report released Thursday (Oct. 23) outlined how SPS officers responded to a report that an “affected person,” or AP, living at the halfway house — a residential facility for inmates on conditional release from the federal corrections system — was in breach of release conditions.
An arrest warrant had been issued, and police were advised the person had a history of self-harm and assaulting staff, and was flagged as a high-risk offender, the IIO report said.
After one officer knocked and called for the AP to come outside, there was no response, so someone on the facility’s staff told officers the door was unlocked, and they could go in, since staff are empowered to enter rooms without occupants’ permission.
Four officers entered the room (two described as ‘subject officers’ and two as ‘witnesses officers’); two had CEWs, or conducted energy weapons in their hands as they entered, the report continued.
One officer told the IIO the AP was standing by a bed in the corner of the room when officers entered, and pulled out a “massive knife.”
The AP reportedly said, “I’m not going back to jail,” one witness officer said, while the other witness officer heard one of the subject officers yell “Drop the knife!”
Both subject officers had already drawn their pistols; one witness officer described discharging his CEW at the AP, but found it was ineffective, the report said. He said the AP raised the knife in the air and “charged” towards the officers.
Both subject officers fired their guns and the AP fell to the floor, still holding the knife, before reaching the officers, according to the IIO report.
The staff member, or civilian witness, told IIO investigators the AP “began running fully towards” the police, pointing the knife, before hearing four gunshots.
Cause of death for the AP was stated as “multiple gunshot wounds,” the IIO report noted.
The involved officers were acting in the lawful execution of their duty when they went to the halfway house to execute the search warrant, the report said, and noted witnesses and evidence establishes that the AP drew a large knife and advance quickly towards the officers in a confined space, “wielding the weapon in a clearly threatening manner.”
In those circumstances, the subjects officers’ use of lethal force was “justified and lawful,” the report said.
“As chief civilian director of the IIO, I do not consider that there are any reasonable grounds to believe that an officer may had committed an offence under any enactment and the matter will not be referred to Crown counsel for consideration of charges,” IIO CCD Jessica Berglund wrote in the report.