Latest news with #IIO
CTV News
15 hours ago
- CTV News
No charges for VPD jail guards in case that left drunk man with skull fracture: BCPS
The Vancouver Police Department's headquarters on Cambie Street are seen in a Shutterstock image. The B.C. Prosecution Service has decided not to prosecute a Vancouver jail guard in connection to an incident that left an intoxicated man with a skull fracture in April 2021. The Independent Investigations Office of B.C. forwarded a report to Crown counsel last year recommending consideration of a charge of assault causing bodily harm against a special municipal constable working for the Vancouver Police Department. On Friday, more than a year after the IIO submitted its report and more than four years after the incident itself, the BCPS published a so-called "clear statement" document summarizing the incident and the service's reasons for not laying charges. The prosecution service determined that the available evidence against the jail guard – referred to in the document as the 'subject officer' or 'SO' – did not meet the charge assessment standard. What happened The document indicates that the injured man – referred to as the 'affected person' or 'AP' – was taken into custody by VPD officers on the evening of April 19, 2021. He was intoxicated, and the arrest was for 'the offences of indecent act and breach of peace,' which were alleged to have occurred near the intersection of Cambie Street and West Broadway, according to the document. He was taken to the VPD jail in a prisoner transport van. 'Upon arrival, the AP was still intoxicated,' the document reads. 'Security video footage shows that his jeans fell down repeatedly, and at one point his private parts were exposed. The video also shows that at all times following his arrival at the VPD jail the AP was moderately unsteady on his feet.' Police reported, and the surveillance video appeared to confirm, that the man was 'unco-operative, particularly with regard to instructions to keep his hands on the wall while being searched,' according to the document. The subject officer and a witness officer walked the man to his cell, where he lost his balance, fell and hit his head. Both officers were touching the man at the time he fell, but the BCPS statement says the surveillance video evidence was insufficient to establish that either officer caused the fall. Charge assessment When deciding whether to approve charges, the BCPS considers a two-part test. First, prosecutors must determine whether there is 'a substantial likelihood of conviction.' If there is, prosecutors must believe that 'the public interest requires a prosecution.' In this case, prosecutors found the available evidence did not meet the charge assessment standard. Beyond concluding that it was not clear that either officer had caused the man's fall, Crown prosecutors determined that they would be 'unable to disprove' a defence that the officers' use of force was reasonable and justified in the circumstances. Under the Criminal Code, peace officers acting in their lawful duties and on 'reasonable grounds' are 'justified in doing what (they are) required or authorized to do and in using as much force as necessary for that purpose,' according to the BCPS statement. 'In a prosecution, the onus is on the Crown to prove that the legal defences provided under the Criminal Code to peace officers acting in the course of their duties have not been established,' the document reads. In this case, that means prosecutors would have had to prove that the force an accused officer used went beyond what was necessary in the circumstances. 'The force employed by the SO against the AP for purposes of escorting and securing the AP into cell 1 aligned with VPD jail guards' training,' the statement reads. 'The available evidence does not otherwise establish that the SO employed force against the AP beyond that which was reasonable, necessary, or proportionate for purposes of securing the AP into cell 1.'
CTV News
18 hours ago
- CTV News
B.C. police oversight agency seeks witnesses after man injured by police dog in Saanich
British Columbia's police oversight agency is investigating after a man was injured by a police dog during an arrest in Saanich earlier this week. The Independent Investigations Office of B.C. says it is looking for witnesses to the altercation, which occurred at around 7:30 p.m. Wednesday in the 4500 block of Granville Avenue. The Saanich Police Department told the IIO that its officers responded after multiple 911 callers reported that a man was acting erratically in the area, the agency said in a statement Friday. 'Police located the man and attempted to arrest him,' the statement said. 'A police service dog was also used during the interaction and the man suffered injuries.' The man was taken into police custody and then transported to hospital for treatment. The IIO says it is now working to determine whether the man's injuries meet the definition of 'serious harm,' and, if so, whether there is a connection between the injuries and actions or inactions of police. 'Serious harm' is defined in the provincial Police Act as an injury that may result in death, disfigurement or loss of function of a limb or organ. If those conditions are met, the agency's chief civilian director will decide whether there are reasonable grounds to believe that an offence occurred. If reasonable grounds are found, the director will forward a recommendation for criminal charges to the provincial prosecution service. The IIO investigates all police-related incidents that result in serious harm or death in B.C., whether or not there is any allegation of wrongdoing by police. Investigators are asking anyone who witnessed the arrest or who has video evidence related to the incident to contact the IIO at 1-855-446-8477 or online through the website.
CTV News
2 days ago
- CTV News
Man dies in Vancouver police custody; watchdog called in
Investigators from B.C.'s Independent Investigations Office are seen in this file photo from the IIO. A man who was arrested by the Vancouver police died in custody Wednesday, according to the department and B.C.'s police watchdog. The 49-year-old man was taken from police cells to hospital around 10 a.m. after 'suffering an apparent medical emergency,' a news release from the Vancouver Police Department said. 'The man received medical attention at the jail and was transported to hospital, where he died,' the statement continued, adding that the Independent Investigations Office was notified of the 'sudden death.' The IIO, in a statement of its own, said the man was arrested around 4 a.m. the same morning and transported to the VPD jail, where he arrived around 4:30 a.m. 'The man was taken to a cell, but later found unresponsive,' the IIO said. Neither agency said what the man was arrested for. The provincial watchdog will investigate if there is any connection between police action or inaction and the man's death, which it is mandated to do whether or not there are allegations of wrongdoing. The IIO's mandate does not currently allow it to probe the actions of jail guards who are not sworn officers – but that will change later this year as a result of amendments to the province's Police Act.
Global News
2 days ago
- Global News
Watchdog deployed after man booked in Vancouver police jail dies
See more sharing options Send this page to someone via email Share this item on Twitter Share this item via WhatsApp Share this item on Facebook British Columbia's civilian police watchdog is investigating the death of a man in the Vancouver Police Department's (VPD) jail. The Independent Investigations Office (IIO) said police arrested the man around 4 a.m. on Wednesday, and was booked into the VPD jail cells around 4:30 a.m. The VPD says the 49-year-old prisoner 'became unresponsive after suffering an apparent medical emergency' shortly before 10 a.m. Get breaking National news For news impacting Canada and around the world, sign up for breaking news alerts delivered directly to you when they happen. Sign up for breaking National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy Paramedics took the man to hospital, where he later died. The IIO's mandate is to probe all incidents of serious harm or death involving police interactions, regardless of whether there is an allegation of wrongdoing. Anyone with information or video that could be relevant to the investigation is asked to contact the IIO witness line at 1-855-446-8477. Story continues below advertisement
CTV News
5 days ago
- CTV News
Fatally shooting 16-year-old driver was reasonable, B.C. police watchdog rules
Investigators from B.C.'s Independent Investigations Office are seen in this file photo from the IIO. An RCMP officer who shot and killed a 16-year-old pickup driver in Creston did not commit an offence when using lethal force, B.C.'s police watchdog has ruled. The Independent Investigations Office released its public report on the Dec. 14, 2022, incident last week, shedding light on the events that lead to the teenager's death. The interaction began at 4:23 a.m., when one officer noticed a pickup truck running stop signs and driving erratically, according to the IIO. After the truck sped past a second officer and blew through another stop sign, police made a plan to pursue it. Two officers followed tracks in the snow along the highway and then onto a residential street, where they found the truck, which was reportedly stolen several hours prior. When he saw the officers, the teenager, referred to as the 'affected person' or AP, turned into a driveway in front of them. The officer who fired the shots, referred to as the 'subject officer' or SO, followed. The other Mountie's vehicle captured the incident on video. 'As the SO stepped out of the driver's door of his police vehicle and stood next to (it), the AP's pickup truck accelerated and drove towards the SO, scraping along the driver's side of the SO's police vehicle and nearly running over the SO, who had drawn his gun,' the report reads. 'The SO moved backwards along the side of his vehicle to avoid being hit. As the SO did this, he fired his gun towards the driver's area of the AP's pickup truck which continued forward and then collided with WO2's vehicle.' Forensic analysis determined the Mountie fired eight shots in rapid succession, and the final shot went through the driver's window and hit AP as he drove by. The SO then said over radio, 'Shots by police. Shots by police. Suspect vehicle, black Chev pickup. Tried to run me over,' according to the report. The pickup truck drove off, and police found it crashed in a ditch two kilometres away at 4:47 a.m. The IIO said it found 'information to suggest' that a passenger who was in the truck took over driving after AP was shot, but the individual did not respond to investigators' interview requests. Officers removed the now-unconscious AP from the vehicle and performed life-saving measures, which were continued by paramedics for about 45 minutes, the report says. The teenager was declared deceased at 5:45 a.m. An autopsy found he died of a single gunshot wound to the torso. In cases of lethal force, the IIO's chief civilian director is tasked with determining whether an officer's actions were lawful, based on the threat posed by the 'affected person' and 'whether, in the words of the Criminal Code, it gave reasonable grounds for the officers to believe lethal force was 'necessary for the self-preservation of (the officer) or the preservation of anyone under (the officer's) protection from death of grievous bodily harm,'' according to the agency. In the report, chief civilian director Jessica Berglund said based on the video and evidence from the witness officer, it was 'objectively reasonable' for the SO to believe the AP's driving posed a threat of death or grievous harm. 'Based on reaction times and the physiological processes involved in firing a weapon, it was reasonable for the SO to continue firing the gun until he reasonably believed he was out of danger,' she wrote. 'It was reasonable for the SO to believe that AP's driving posed a risk to his life as the pickup truck drove towards him. The SO fired his gun to prevent the pickup from continuing its path and stopped firing believed he was out of danger.' She said the AP's intent when he drove toward the police cars – and the only exit from the dead-end driveway – is unknown, but regardless of intention it was 'objectively reasonable' for the officer to believe he was in serious danger. 'Given these considerations, it cannot be said that the SO's decision to shoot the AP was unreasonable in the circumstances,' Berglund wrote. 'Accordingly, as the chief civilian director of the IIO, I do not consider that there are reasonable grounds to believe an officer may have committed an offence under any enactment and therefore the matter will not be referred to Crown Counsel for consideration of charges.'
