COLD LAKE - The Alberta Serious Incident Response Team's (ASIRT) investigation into the Cold Lake RCMP Police Dog Service Unit's use of force, which resulted in serious injuries to the 23-year-old accused, determined it was justified.
Following what ASIRT described as an in-depth investigation into the Oct. 1, 2018 incident, the unit responsible for investigating police-involved incidences that result in serious injury or death to any person, has concluded the RCMP were justified in their use of force that sent one man to hospital with serious dog bite-related injuries.
On Oct 1, 2018, Cold Lake RCMP were notified that the 23-year-old male and another person had stolen a black Chevrolet Cruze and were in possession of a loaded handgun and rifle.
Both suspects were known to police, and the 23-year-old was known to carry firearms. He also has a prior criminal record for weapons-related offences including robbery, flight from police, and resisting arrest. In addition to these prior incidences, he was also believed to be involved in a situation where he shot at police.
Officers responded and located the vehicle in the area of Range Rd. 421 and Hwy. 55 with a woman in the passenger seat. Police believe the suspect noticed their presence as he began driving in the opposite lane before they had initiated their emergency lights.
The RCMP turned on their emergency lights and attempt a traffic stop, however the suspect vehicle failed to pull-over and a "significant pursuit ensued," detailed ASIRT in a release of their report.
The pursuit ended several kilometres outside of Pierceland, SK, north of Hwy. 55 after the suspect vehicle began overheating and drove off of the road and into a field.
The 23-year-old suspect exited and attempted to flee the vehicle on foot.
The female passenger, who didn't resist arrest, told police she had advised her boyfriend not to run away from the scene.
Cold Lake Police Dog Services exited their vehicle and ordered the male to stop running. When the suspect continued to flee, the dog was released.
ASIRT's report notes the male turned and swung at the dog, which latched onto the man's right midsection.
The suspect attempted to fight the dog, trying to pry its mouth open and grabbing and pulling on the dog's ears and scruff before attempting to put the dog in a headlock.
The dog's handler, and another officer, approached the suspect.
The suspect, the dog, and the two RCMP engaged "in a struggle," as the officers attempted to gain control of the man's hands. At this point, police had not yet confirmed whether he had a gun in his possession.
The male continued to resist as officers struck him in the head and kneed him in the torso in attempts to make their arrest.
After further struggle, the male was apprehended by police.
According to ASIRT, even after the suspect's hands were successfully handcuffed behind his back, the police dog wouldn't release its grip on his arm regardless of his handler's attempts for nearly one-minute.
The dog did release the male, who had sustained serious dog bites including wounds to his abdominal area, deep enough to expose tissue.
He was taken to hospital where a doctor noted "very serious dog bite injuries to his right abdominal wall and lumbar region, in addition to his right gluteal region," ASIRT's report outlines.
The suspect had also sustained a fractured to his right mandible.
A tip later provided to RCMP resulted in them locating a Tokarev TT Pistol containing three rounds on Oct. 28, 2018, in the area where the vehicle had been abandoned. ASIRT didn't confirm whether the firearm was directly linked to the incident, however, the unit did state "it is likely that the man or his passenger had possession of this firearm on Oct. 1, 2018."
ASIRT concluded following their investigation that the officers were "faced with, what would, both subjectively and objectively, be a potentially high-risk arrest."
Based on the suspect's criminal history for violence involving firearms, his firearms prohibition at the time of the offence, and being known to "go to significant lengths to evade apprehension," in addition to the multiple warrants out for his arrest and belief he was in possession of a stolen vehicle and firearm, ASIRT believes the Cold Lake RCMP were "well-advised to consider the man a potential threat to public and police safety."
ASIRT noted the only potential issue would be in relation to the dog's refusal to release the 23-year-old male even after he was handcuffed by police. However, ASIRT stated a dog is not an inanimate object and will act on its own instincts.
"One can reasonably expect that the police dog's response would be slightly different when, as in this case, the man actively fought the dog, as opposed to circumstances where a person surrenders following contact with the dog. It is for this reason the intensive training undertaken to attempt to ensure that, even in the most heightened situation, the police dog remains capable of being controlled by its handler," ASIRT outlined in their report.
Following the review of ASIRTs investigation, executive director Susan Hughson believes there are no reasonable grounds to believe that the officers committed a Criminal Code offence.
Meagan MacEachern, Bonnyville Nouvelle
