The Independent Investigations Office (IIO) has found that the death of a teen in Surrey, who died at the hands of the police in February, was not due to any unjustified use of force by any officer.
On Feb. 9, Surrey RCMP responded to reports of a person with a weapon near an elementary school near 70 Avenue and 185 Street.
The IIO said there was interaction on someone’s private property between the individual and police, during which police fired a weapon.
The victim was 15-year-old Chase, a student at Clayton Heights Secondary School. He is referred to in the report as the AP or affected person.
In a report released on Dec. 4, the IIO said Chase called 911 on the afternoon of Feb. 9, saying he had a firearm and was threatening to harm himself.
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“During the call, which lasted a total of 19 minutes, the call-taker asked the AP if he trusted the police, and he said he did not,” the report reads.
“The call-taker next asked if it was just a lack of trust or if he felt he wanted to harm the police as well, and the AP responded ‘both’.”
The call was disconnected at 2:58 p.m. when the AP shouted a profanity, the report states.
Officers responded and were informed that the AP was 15 years old, has autism and attention deficit hyperactivity disorder.
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One of the officers did have a mental health nurse riding as a passenger and she was able to access the AP’s medical records; however, she did not get out of the car due to safety reasons.
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When the officers arrived on the scene by 2:55 p.m., they found Chase and did “confirm visually” that he had a realistic-looking handgun, according to the report.
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The senior police officer on the scene said the concern for public safety was quite high.
The officers told the IIO that the AP pointed the revolver at them and did not drop it when asked to do so.
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One officer said “that officers were unable to get close enough to establish a dialogue with the AP or to use ‘less lethal’ force options.”
Another officer said he heard a fellow officer calling to the AP, saying, “Please don’t make me shoot you, man, please don’t make me shoot you.”
The report states that Chase was putting the gun to his head and pointing the gun at the officers while moving toward a townhouse complex.
“At 3:17 p.m., approximately 22 minutes after police had first showed up, the AP turned and pointed the revolver directly at nearby police,” the report reads.
“Two officers almost simultaneously discharged their firearms, and the AP was struck by one bullet. A civilian witness said he heard officers telling the AP, ‘If you need help, please stop,’ but said the AP was pointing a gun at police as he was walking, with his finger on the trigger. The witness said he then heard two gunshots and thought the AP had fired his weapon.”
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One of the officers said he thought the AP was going to shoot him as he was holding the gun with his hand outstretched.
Officers began lifesaving attempts and paramedics were called, but Chase was declared dead at the scene with the cause of death later revealed to be a fatal gunshot wound to the chest, fired by one of the officers.
“The gun the AP was carrying looked like a real, functional firearm, but after the incident, police at the scene determined that it was a replica,” the report states.
“Subsequent forensic analysis by a firearms expert witness retained by the IIO determined it was a .22 pellet air pistol, with a full CO2 cartridge, and six (6) pellets loaded into the rotary magazine.”
The replica firearm recovered from the scene in Surrey.
IIO
“The responding officers were acting in the lawful execution of their duty in attempting to apprehend the AP, who was reasonably understood to be in possession of a loaded firearm and intending to harm himself with it in a public place,” the report concludes.
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“His behaviour when approached, walking through a heavily populated residential area waving and pointing the weapon, gave rise to significant concerns for the safety of officers and the public. It was necessary to bring the AP under control and to disarm him, including using what force was reasonably necessary for that purpose.
“Sadly, the AP’s inability to cooperate with the officers, and pointing the replica firearm at them in a clearly threatening manner, gave objectively reasonable grounds for the officers to fear grievous bodily harm or death. The evidence shows that the threat became acute in the final moments of the interaction, recorded on video, when the AP pointed his weapon at police in a manner that appeared deliberate and threatening. It is significant that two officers felt justified in shooting, almost simultaneously, at that moment.”
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