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OPP to investigate fatal RNC shooting

Corner Brook man was shot during confrontation with police officers responding to criminal complaint

RNC Chief Joe Boland speaks to reporters Wednesday at the RNC’s provincial headquarters in St. John’s about the fatal shooting of a man in Corner Brook by an RNC officer.
RNC Chief Joe Boland speaks to reporters Wednesday at the RNC’s provincial headquarters in St. John’s about the fatal shooting of a man in Corner Brook by an RNC officer. - Joe Gibbons

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RNC Chief Joe Boland is asking for the public’s patience as the investigation is carried out into the fatal police shooting of Jorden McKay in Corner Brook on Tuesday night.

Boland said that just after 11:30 p.m. Tuesday, two RNC officers responded to a criminal complaint at a home on Carriage Lane in the west coast city.

“A short time after arriving, a confrontation is believed to have occurred between the officers and the man who was the subject of the complaint that resulted in one of the responding officers discharging his sidearm,” Boland told members of the media Wednesday.

“The man, who we are not identifying at this time, was conveyed to Western Memorial Regional Hospital where he was pronounced deceased at about 12:30 a.m. (Wednesday).”

As is the normal procedure in such cases, an outside agency has been called in to carry out an independent investigation into the shooting.

The Ontario Provincial Police (OPP) will carry out the investigation which, when complete, will be reviewed by the Alberta Serious Incident Response Team (ASIRT).

Boland noted the RNC will also carry out its own internal review.

“It is critical for the officer, the family of the victim, and the community that a fair, transparent, and thorough investigation takes place,” Boland said. “The RNC will co-operate fully with the OPP and ASIRT during this investigation.”

An autopsy on McKay is expected to be completed Thursday in St. John’s by the province’s chief medical examiner.

Boland also expressed his condolences to the family of the victim.

“I would like to offer my sincerest condolences to the family of the man who was involved in this tragic incident,” Boland said. “I would also like to state that I have deployed our employee assistance program co-ordinator to the Corner Brook region from St. John’s, and he is on site now and will be able to better support the RNC officers and staff who were affected by this incident. He will also be able to assess what supports may be needed by others involved, including the family of the victim.

“Incidents of this nature can have long lasting effects on all of those involved. I ask the community to have faith in our abilities and to have patience as we work with the OPP and ASIRT to find answers following this very tragic event.”

Both of the RNC officers involved in the incident are presently on leave and will be assigned to administrative duties upon their return to work while the investigation by the OPP is ongoing.

“Placing an officer on leave or administrative duties should not be taken as a sign that the police service believes that the officer did anything wrong,” Boland said. “Regardless of the circumstances, any officer in the same situation would be placed on leave and assigned to administrative duties. The mental health and well-being of our officers and staff is paramount and the RNC is committed to ensuring that the officers involved receive whatever supports they need throughout this process.

“I have the utmost confidence in the training and abilities of my officers, and I want to be clear that an outside agency is brought in in all instances where an on-duty RNC officer is involved in an incident that results in the serious injury or death of an individual. It is important that we allow investigators to conduct a thorough, fair and objective investigation for all those involved, including the officer, the victim’s family and the community.”

Past fatal police shootings in the province

• April 5, 2015: Donald Dunphy, 58, was shot and killed in his home in Mitchell’s Brook on Easter Sunday by RNC Const. Joseph Smyth, a member of the premier's protective detail at the time. Smyth had visited Dunphy's home to discuss tweets Dunphy had sent out days before that mentioned government members. The conversation between Smyth and Dunphy in Dunphy’s living room became heated and, Smyth said, Dunphy pointed a loaded .22-calibre rifle at him. The RCMP investigation found that available evidence at the scene supported Smyth's version of events, and that appropriate force was used and no charges were warranted. The Alberta Serious Incident Response Team (ASIRT) came to the same conclusion. A public injury not only examined the evidence of what happened during Smyth's visit to Dunphy's home that day, but analyzed what led up to the incident and what unfolded during the RCMP investigation following the shooting. The inquiry concluded that though Smyth made certain errors of judgment and some of his actions were non-compliant with aspects of his training, he responded with appropriate force when Dunphy, with no warning, threatened him with a rifle. The inquiry also concluded there were some deficiencies in the RCMP investigation, but that the RCMP made the correct decision in not charging Smyth with any offence.

• Aug. 26, 2000: Norman Reid, 43, was shot and killed outside his home in Little Catalina by RCMP Const. John Graham, who had responded to the scene with other officers from the Bonavista detachment. The officers had received a complaint that Reid had threatened the lives of children. RCMP say Reid, who suffered from paranoid schizophrenia, was shot after he lunged at them with a short-handled axe raised over his head. The use of pepper spray was not considered an option in the incident.

• Oct. 16, 2000: Darryl Power of Corner Brook was shot and killed by RNC officer Const. Fred Roche. Power, armed with two knives and a hammer, and who suffered from mental-health issues, including depression and panic attacks, ran at the officer. Roche fired three times at Power, killing him.

NOTE: The OPP investigated the shootings of Reid and Power, and determined no criminal charges were warranted against the officers. A provincial inquiry also cleared the police of responsibility in each case. In the Power case the death was ruled a “suicide by cop.” In the Reid case, in which five shots were fired at Reid, the inquiry concluded the use of force was not excessive and was consistent with established police training and reality.

The inquiry delved into the events leading up to the shootings in each case, which provided insight into the problems police have in dealing with people suffering from mental-health issues.

• March 2, 1996: Nicholas Benteau, 34, was shot by the RCMP near the doorway of his father’s home in Point May on the tip of the Burin Peninsula. Benteau was described by witnesses as being drunk at the time, and fired a shotgun blast into the air in front of a crowd that had gathered on the street in front of the house. He was subsequently shot and killed by RCMP officers after they were threatened by Benteau. A subsequent judicial inquiry heard the officers testify that there wasn't time nor the opportunity to consider any other option to subdue the man. One of the main issues raised at the time was the amount of force used by RCMP officers who responded to the scene. A firearms expert from the RCMP training centre in Regina testified that the officers acted properly and the response was consistent with the training they received.

** Edited to include name of deceased Nov. 29 

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