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Crown Declines Charges Despite Watchdog Finding Calgary Officer Fired Weapon Illegally

ASIRT concluded officer acted wrongfully when shooting at fleeing suspects in 2019 home invasion response.

Crown Declines Charges Despite Watchdog Finding Calgary Officer Fired Weapon Illegally
(Calgary Herald / File)

A Calgary police officer will not face criminal charges despite a provincial watchdog concluding he likely fired his weapon illegally during a 2019 home invasion response in the city's southeast.

The Alberta Serious Incident Response Team (ASIRT) investigated the March 2019 shooting in the 2700 block of 86 Avenue S.E., where an officer discharged his firearm twice during an encounter with home invasion suspects.

According to ASIRT's findings, the officer was justified in returning fire initially after a suspect discharged a shotgun at police. However, the watchdog determined the officer's second volley of shots, fired at the suspects' fleeing SUV, was unreasonable and likely illegal.

"As a result of the questions regarding the officer's later shots at the SUV, the acting executive director was of the opinion that the investigation provided reasonable grounds to believe that an offence had been committed," stated ASIRT executive director Matthew Block.

One suspect sustained non-life-threatening injuries during the incident.

Despite ASIRT's conclusion that criminal charges were warranted, the Alberta Crown Prosecution Service ultimately decided not to proceed with charges after reviewing the investigation file.

Block noted that while ASIRT believed there were reasonable grounds to believe an offence occurred, the Crown made the final determination not to lay charges against the officer.

The incident highlights ongoing questions about police use of force protocols, particularly regarding shots fired at fleeing suspects who may no longer pose an immediate threat to officers or the public.

ASIRT investigates incidents involving Alberta police that result in serious injury, death, or matters of significant public interest.

This article contains information originally reported by the Calgary Herald.

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