Gary Mason Globe and Mail
Wednesday, May. 20, 2009 12:29PM EDT
It's official. The investigation conducted by the RCMP into the shooting death of a Vanderhoof, B.C. man five years ago by one of its own was botched in any number of ways.
Such is the opinion of Paul Kennedy, head of the Commission for Public Complaints Against the Royal Canadian Mounted Police, in a report on the matter handed down today.
While Mr. Kennedy concludes that Const. Ryan Sheremetta acted in self defence when he shot Kevin St. Arnaud three times in the early morning hours of Dec. 19, 2004, the commissioner says the investigation by the RCMP failed on several critical fronts.
The police officer had responded to a break-in at a pharmacy in Vanderhoof, B.C., on the night of the incident. Const. Sheremetta chased the suspect across a soccer field before shooting him three times.
In his original statement, the officer said he fell and was on his back, with the suspect charging toward him, when he discharged his firearm. But a fellow officer on the scene, Const. Colleen Erickson, told an inquest into the shooting two years ago that Const. Sheremetta was standing when he shot Mr. Arnaud.
Perhaps not surprisingly, the RCMP chose to accept Const. Sheremetta's version of events over Const. Erickson's. She went on stress leave after the incident, never to return to active duty.
How an officer could forget that he was actually standing when he shot a person and not lying on his back seems beyond comprehension. One can only assume he'd do this to somehow rationalize blasting an unarmed man three times with a gun. Who knows? It should be pointed out that Const. Sheremetta was also earlier found to have given misleading testimony at the inquest as it related to experience he said he had with weapons seizures. The force suspended him for those misstatements.
Despite not believing Const. Sheremetta about the position he was in when he shot Mr. St. Arnaud, Mr. Kennedy had no problem accepting the officer’s version of events on other fronts.
For instance, he accepted that Mr. St. Arnaud was charging at the officer even though Const. Erickson didn't observe that. He accepted Const. Sheremetta's assertion that Mr. St. Arnaud said at some point: “You're going to have to shoot me mother fucker,†and that the robbery suspect repeatedly put his hand in his pocket, giving the officer reason to believe he might have a weapon in it.
Mr. Kennedy concluded the officer shot the man because he believed he posed “a threat of grievous bodily harm or death.â€
As for the RCMP investigation of the shooting, well, it was amateur hour right from the start, according to the commissioner.
Const. Erickson failed to properly secure the area immediately after the shooting. Consequently, officers who soon arrived at the scene trampled over areas sensitive to forensic work. Const. Erickson should also have been removed from the scene as she was a key witness to events.
The forensic identification squad failed to seize blood samples from the snow adjacent to Mr. St. Arnaud's body.
The report states that the RCMP should have found non-detachment personnel to take statements from Constables Sheremetta and Erickson. Instead, they were interviewed by RCMP Corporal James MacLellan, who was their boss. Corp. MacLellan failed to interview Const. Erickson, a witness to the shooting, first. Mr. Kennedy also found the corporal asked Const. Sheremetta leading questions during the interview.
He also failed to re-interview Const. Sheremetta once he discovered the discrepancy between his version of events and Const. Erickson.
And on the report goes.
Officers on the scene failed to provide sufficient material to permit a thorough blood stain analysis of the scene. The lead investigator of the shooting “demonstrated tunnel vision by his reluctance to modify his conclusions when faced with additional information that called his original conclusions into question.†The RCMP “failed to appoint a use of force expert with sufficient experience to handle a serious case dealing with a police-involved homicide.â€
The RCMP's Major Case Management model – used for all major crime investigations - was not properly applied in several areas of the investigation into the shooting of Mr. St. Arnaud, Mr. Kennedy states.
The commissioner makes several recommendations regarding training and evidence collection that, in my opinion, will be forgotten by tomorrow.
Unfortunately, Mr. Kennedy didn't make the one recommendation that could truly have an impact: in the future, police should not investigate police.
HERE WE GO AGAIN!