CALGARY — A veteran Calgary police officer didn’t commit a criminal offence when he shot and killed a suspect attempting to ram his way out of a car wash a year ago, but the head of the agency investigating the incident says it may not have been the best response.
“Our role isn’t to determine whether or not the Calgary Police Service made the best decision...,” said Clifton Purvis, the head of the Alberta Serious Incident Response Team.
“It may be the role of the chief of police of the Calgary Police Service to determine if it was the best decision.”
On March 18, 2009 undercover Calgary police officers attempted to arrest Travis Douglas Oakes, 33, who was under surveillance in an auto theft investigation.
Oakes was driving a stolen car and when police tried to arrest him by hemming him inside a washing bay, he tried four times to ram his way out.
A sergeant with 18 years of experience fired four shots at the windshield and hit Oakes three times.
Purvis said officers were in an adjoining bay of the car wash while the officer who fired was directly in the path of the vehicle but outside the car wash doors.
“Really, for our mandate, we need to determine whether or not the officer that used lethal force here should be charged with a criminal offence and we have determined not,” said Purvis but added.
“Not that it was the best critical incident decision being made but whether this specific officer committed a criminal offence.”
Purvis has the authority to make recommendations based on his investigation but wouldn’t tell reporters if he will do so. He said the report will be made available to Calgary police and he will discuss the matter with Chief Rick Hansen. A fatality inquiry is mandatory when police are involved in a shooting.
“The file will be provided to the Calgary Police Service to determine whether lessons can be learned from this tragic incident.”
The investigation was forwarded to Alberta Justice and reviewed by the Crown before the decision not to lay charges was made.
Purvis said any time an officer is involved in a case where someone dies it is “disturbing” but this case is no different than any other.
He also didn’t want to comment on why the officer fired four bullets at Oakes.
“I’m not going to speak to policies of police agencies. I can’t,” said Purvis.
“I know if there’s a threat and if you’re discharging your firearm to meet a threat you will probably discharge your firearm until the threat is no longer a threat.”