News release from the Alberta Serious Incident Response Team (ASIRT)

IN THE MATTER OF AN INJURY INVOLVING RED DEER RCMP ON JUNE 4, 2020

Circumstances Surrounding the Incident

On June 4, 2020, witness officer #1 (WO1) attempted to stop a white Lexus GS300 in Red Deer for improper window tint at approximately 1 p.m. The affected person (AP), who was driving the Lexus and was prohibited from driving at that time, did not stop and instead drove off at high speed. WO1 did not pursue the AP but passed along the vehicle description to other officers.

Over the next 40 minutes, WO1 and other officers attempted to stop the AP. The AP left and re-entered Red Deer. At one point, a spike belt was used successfully and one of the Lexus’ rear tires was deflated. The AP continued to not stop for police and drive dangerously inside the city.

At approximately 1:50 p.m., the SO began following the AP. The SO was a K9 officer and had a police service dog with him. The AP continued from the residential area into the McKenzie Trails area, which is a park. The AP continued to drive very fast and dangerously. When the AP reached a dead end on a road, he drove through the trees onto another adjacent roadway. The SO continued to closely follow the AP to attempt intentional vehicle contact and stop the AP.

The AP then accelerated again and went off the road and into the grass briefly. He was unable to make the next turn and hit rocks along the outside of the turn. He continued off the road into light trees and passed over a pedestrian walkway with the SO following. He then hit a log, stopped, and immediately got out of the vehicle (Figure 1).

Figure 1 – SO’s vehicle video showing the AP exiting his vehicle.

The AP started to run away from the SO (Figure 2).

Figure 2 – SO’s vehicle video showing the AP running away.

The SO continued forward, turned slightly to the left, and hit the AP on the front passenger side (Figure 3).

Figure 3 – SO’s vehicle video showing the AP being hit.

The time from the AP’s first foot being on the ground to the SO striking the AP is approximately 1.5 seconds.

The AP then briefly disappears to the passenger side of the SO’s vehicle. He then runs away from the SO in the same direction. The SO released his dog and he and the dog ran after the AP.

The dog caught up to the AP first and bit the AP’s clothing. The AP and the dog went into the river. The SO and witness officer #2 (WO2) caught up to them and saw that the AP was in fast-flowing deep water. WO2 jumped into the river and brought the AP out.

The AP was then arrested.

Emergency medical services paramedics treated the AP. According to their medical records, the AP told them that he had broken his ankles when he was running from police and stepped in a hole.

Affected Person (AP)

ASIRT investigators interviewed the AP on October 15, 2020. He stated that, when the SO hit him, he flew six feet into the air and his ankles were broken from the collision.

Subject Officer (SO)

ASIRT investigators interviewed the SO on September 9, 2020. This statement consisted of a written statement and follow-up questions. The SO provided a full account of the incident, with the most relevant portions summarized below.

The SO, just prior to the AP stopping, was trying to get into position to intentionally contact the AP’s vehicle and stop him. When the AP stopped, he intended to contact the vehicle and prevent the AP from moving further. The AP then exited the vehicle and he turned to the left to avoid him. As he brought his vehicle to a stop, he unintentionally contacted the AP.

Analysis

If the SO intentionally contacted the AP with his vehicle, it would likely be an unjustifiable use of force. When a police officer contacts a person with their vehicle, the likelihood of grievous bodily harm or death is high since the person may be run over or knocked to the ground forcefully.

In this incident, however, there is insufficient evidence to conclude that the SO intentionally contacted the AP with his vehicle. The video from the SO’s vehicle shows that the time from the AP putting a foot down to the AP being hit was 1.5 seconds. During this time, the SO was turning away from the AP.

The AP’s evidence was embellished. He did not fly six feet into the air, and his claim that his broken ankles were caused by the collision are contradicted by him telling paramedics that day that he broke them stepping in a hole.

Conclusion

On June 4, 2020, the AP was driving dangerously in Red Deer. He then drove into a park to evade police and drove in a manner that risked the lives of park users. When his vehicle finally stopped, he began to run and was struck by the SO. There is insufficient evidence to conclude that the SO intended to hit him.

Given that there is insufficient evidence, there are no reasonable grounds to believe that an offence was committed.

Original signed June 27, 2024
Matthew Block
Assistant Executive Director