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Maskwacis RCMP officer justified in fatally wounding gunman: watchdog

Maskwacis pointed rifle at RCMP officer before being shot in December 2022
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A Maskwacis RCMP officer who shot and fatally wounded a rifle-toting man on a rural road in December 2022 acted properly, says an investigation by a police watchdog.

The shooting happened on Dec. 1, 2022 after a Maskwacis resident called local RCMP to say a man had been drinking before leaving the caller’s house armed with a gun. The man was reported firing the rifle in the country near the house.

Two RCMP officers answered the call. The first officer found a 27-year-old Maskwacis man walking along a road on Samson Cree Nation with a rifle. When the officer arrived, the man walked toward the officer and pointed the rifle at the police vehicle and the officer in the driver’s seat.

The officer grabbed a carbine and got out of the vehicle and moved to its rear, while the suspect continued pointing the rifle at the vehicle.

A second officer arrived from the opposite direction and the gunman turned and walked towards him with the rifle pointing upwards. The officer got out of his vehicle and, with his pistol drawn, told the gunman to drop the firearm as the two walked towards each other.

When the two were about five metres apart, the gunman pointed the rifle directly at the officer. He fired multiple rounds and four hit the gunman, who stumbled, dropped the rifle and fell to the ground.

The badly injured man was transported by STARS to an Edmonton hospital and underwent emergency surgery but died the following day.

Alberta Serious Incident Response Team was called in to investigate the shooting and a report was released on Wednesday.

An independent investigator determined the man with the rifle posed a lethal threat to both officers.

“Under the circumstances as then faced by the SO (subject officer), no other use of force options were reasonably available for attempted use. The use by SO of his firearm to incapacitate this lethal threat was reasonably necessary,” says the report, adding that the officers acted properly.

“There is no evidence to support any belief that any officer engaged in any unlawful or unreasonable conduct that would give rise to an offence.

“The force used was proportionate, necessary and reasonable in all circumstances.”

ASIRT’s mandate is to independently and objectively investigate incidents involving Alberta’s police that have resulted in serious injury or death to any person, as well as serious or sensitive allegations of police misconduct.

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