A police officer in Victoria took an “reckless and unnecessary” action when he shot plastic bullets to a smoked room, killing a woman, according to a decision of the office of the police complaint (OPCC).
The finding comes from the retired judge Wally Oppal, who presided over the Public Hearing of the OPCC on the death of Lisa Rauch, 43.
The OPCC ordered the hearing after the previous investigations of the Office of Internal Investigations of BC and an investigation carried out by the Vancouver Police did not find irregularities.
The OPCC monitors and investigates the municipal police forces and manages discipline in accordance with the Police Law. As Civil Office of the BC government, it is independent of the municipal police forces.
The audience, which extended for 16 days extended for six months, sought to determine two things: if the sergeant. Ron Kirkwood (then an agent) committed abuse of authority by using unnecessary force against Rauch, and if he committed negligence of duty by not taking notes after the incident.
Oppal ruled yes to the first question, and not to the second. He also described the series of events prior to the incident in his decision.
Kirkwood was one of the officers who responded to a call on Christmas Day 2019, when Rauch had locked himself in the room of a support housing unit in Victoria, where he was visiting a friend.
According to witnesses, Rauch was in a drug -induced psychosis and had threatened people with a knife if they entered the suite.
Initially, the police waited in the hall to arrive crisis communicators, but the situation changed when a fire in the room caused the building’s fire alarms.
He was concerned that the fire could spread, Kirkwood and other police opened the door and met at the entrance, along with two firefighters.
Kirkwood was armed with a riot device called Arwen Gun, which shoots plastic bullets. According to the testimony described in the OPPAL report, the police consider that it is a “less lethal” weapon, when it hits someone under the clavicle.
Then, the firefighters used a hose to spray water in the room, and Kirkwood fired three rounds from the Arwen gun, pointing to what he thought was Rauch’s abdomen.
Because it was Smokey, Kirkwood testified that he couldn’t see his head, but thought she was standing.
But Rauch was really sitting, looking away from the door, and Kirkwood shot him the back of his head, not his stomach.
She died at the hospital a few days later.
The CCTV images shown at the hearing showed that it was 46 seconds since the police entered the unit until they took Rauch to the hall.
In his ruling, Oppal acknowledged that it was a stressful and chaotic situation, with smoke and noise, and Rauch shouting but did not respond to police attempts to talk to her.
But, he said that the testimony of the firefighters indicated that the fire was diminished by the water, and Kirkwood could see Rauch enough to know that he did not advance on them, so any immediate risk had disappeared.
“The circumstances were not such, when he identified what he thought was Mrs. Rauch 15 feet away, which was deprived of a significant opportunity to reflect and reassess,” Oppal wrote in his report.
Given that, Oppal discovered that Kirkwood committed abuse of authority.
Discipline is expected to suggest and recommend corrective measures to the Victoria Police, at a later date that has not yet been determined.
The decision is a surprise
Both police and the Rauch family said they were surprised by the decision.
Kirkwood stood up and left the room as soon as Oppal said he had committed abuse of authority, while Oppal was still talking.
His boss, the Victoria Police Chief of Manak, shared his surprise with the journalists after the audience concluded.
He pointed out that other investigations found that Kirkwood had acted accordingly and said it was a difficult day for everyone.
“This has really been difficult. It has been difficult for our officers. It has been difficult for the family. There are no winners in this,” Manak said.
He said he will review the report and make recommended changes, but said that his officers acted as slowly as they could try to handle a chaotic situation.
Rauch’s mother, Audrey Rauch, said she and her family had been preparing for a different result.
“I am very grateful for your decision. A little surprised if it came out in this way.”
She said that five and a half years have passed since her daughter was killed, and that the trip is not over yet.
Audrey Rauch and his family say they are working with the forensic office to organize an investigation into the death of their daughter.
He also wants people to remember that while Lisa Rauch was worried, she was also a fun and fun woman.
