No charges in 2022 Fort McMurray RCMP Taser incident despite ASIRT findings
FORT MCMURRAY, AB. — Alberta’s police watchdog has concluded its investigation into a 2022 Fort McMurray arrest in which RCMP officers Tasered a man who later required surgery for a broken collarbone.
The Alberta Serious Incident Response Team (ASIRT) found significant inconsistencies between officers’ accounts of the arrest and video footage of the event, raising concerns about the legality of the arrest and the justification for the use of force. However, Crown prosecutors declined to lay charges, citing insufficient likelihood of conviction.
The incident began on July 1, 2022, when RCMP officers encountered a man who had been reported missing two days earlier. The man, who was walking with a small dog, was approached by officers who initially placed him in a police vehicle. He was then removed, searched, and allegedly found in possession of a controlled substance. When officers attempted to arrest him again, the man ran. An officer used a Taser during the pursuit, causing him to fall and later complain of shoulder pain.
The man underwent surgery 19 days later for a broken collarbone, which he attributed to the arrest. He died months later from unrelated causes.
Video footage from police dashcams showed the man repeatedly backing away from officers with his arms raised and attempting to protect his dog. Although officers claimed he used the dog as a weapon, the video did not support those claims. Civilian witnesses also confirmed the man never appeared aggressive and was primarily concerned about the dog’s safety.
The report notes that subject officers gave conflicting accounts. One officer said the man “thrust” the dog at him and that the dog bit him, while another said the dog was released deliberately. However, the officer supposedly bitten did not corroborate that version. Video evidence contradicted the “thrusting” narrative entirely, undermining the basis for the initial arrest, which one officer said was for assault using the dog.
“There is no power to arrest a missing adult,” ASIRT wrote in its analysis, adding that the arrest may have occurred for that reason, which would have been unlawful. ASIRT further found that if the initial arrest was unlawful, subsequent arrests and searches were also likely illegal.
Civilian witness statements added further complications for the officers’ narratives. A nearby resident said the man was not acting aggressively, and a firefighter overheard officers at the scene discussing whether the Taser was justified, with one officer stating, “I just used the Taser because I wasn’t going to tackle him.”
ASIRT concluded that while there were grounds for charges, including possible unlawful confinement and assault stemming from the initial arrest, the Crown determined that the evidence did not meet the threshold for a reasonable prospect of conviction.
Investigators acknowledged that the absence of the man’s testimony, due to his death, would negatively impact any trial. Nonetheless, much of the encounter was captured on video and supported by civilian witnesses.
The report emphasized the need for the police force to be proportionate, necessary, and reasonable. It questioned whether the use of the Taser met those standards, especially since the man was unarmed, fleeing, and had not demonstrated a threat to public safety at the time of deployment.
Despite ASIRT’s findings, the officers involved will not face criminal charges.
Comments