Constable Feared for His Life When He Shot Kevin St. Arnaud
By 250 News
Additionally, some elements of the RCMP investigation lacked impartiality and the investigation team failed to follow the RCMP's own Major Case Management Model. These inadequacies caused the CPC to reject some evidence surrounding the shooting incident and accept only highly credible information, testimony and eye witness accounts.
The case had a lot of differing evidece from eye witnesses. Constable Sheremetta later recounted that as he was stepping away from Mr. St. Arnaud, he slipped and fell on his back. From this position, he shot Mr. St. Arnaud. This testimony differs from that of RCMP Constable Colleen Erickson, who had just arrived on the scene at the time of the incident. Constable Erickson observed Mr. St. Arnaud charging at Constable Sheremetta and the latter subsequently shooting Mr. St. Arnaud twice while standing approximately two feet away.
An autopsy confirmed that Mr. St. Arnaud had been shot three times in the chest.
Mr. Kennedy concluded through his investigation of all available credible evidence that Mr. St. Arnaud did in fact pose a threat of grievous bodily harm or death to Constable Sheremetta. Therefore, Constable Sheremetta reasonably perceived that he was shooting Mr. St. Arnaud in self-defence.
In this case, like the vast majority of cases, it is evident that eye witness accounts are not always entirely reliable. Constable Sheremetta's perception of the incident was likely affected by his heightened state of anxiety. Constable Erickson's recollection of the precise details was not perfect either. However, the key circumstances of the shooting were sufficiently corroborated by a biomechanics expert who determined, through analysis of footprints, that Mr. St. Arnaud was moving towards Constable Sheremetta with an increasing stride length.
With regards to the identified deficiencies of the RCMP investigation, the RCMP Commissioner has accepted the major findings and recommendations outlined in Mr. Kennedy's report.
The aim of the CPC's review of complaints is to improve the performance of the RCMP and its members by emphasizing best policing practices. In the context of a death in custody or other serious matters in which the police investigate themselves, failing to abide by best practices will inevitably fuel perception that police treat force members more favourably than members of the public.
"A frank acknowledgement of deficiencies or errors, where they exist, serves to establish that the RCMP is not only accountable for its actions but that it is a principled organization worthy of the public trust," said Mr. Kennedy.
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