Constable Paul Koester's Statement on Bush Shooting

By 250 News

Opinion250 has obtained a copy of the  18  page typed statement given to RCMP almost three weeks after Contable Paul Koester had shot and killed 22 year old Ian Bush in the interview  room of the local detachment.  Koester told the Coroner’s Inquest  last week that he had  prepared this statment with help from his wife, Tammy, and a lawyer.  We have removed the names of people Koester refers to in relation to other investigations as they  are not  connected with the events that took place when Ian Bush was arrested.  With that exception, the rest of the statement is as it was presented to the Coroner’s Inquest.

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This is the statement of Cst. Paul Koester, Regimental Number 52143, of the Houston Detachment of the Royal Canadian Mounted Police. At all material times to the events disclosed in this material I was stationed at Houston, British Columbia while on duty as a Peace officer within the Province of British Columbia. This statement is typed from extensive notes setting out these events made on November 2, 2005 and the few days following that date.

"In terms of background I am 29 years old, married and was accepted into  the ranks of the RCMP only last year after an initial career as a seasonal Provincial Conservation Officer in Saskatchewan. At the time of these events occurring I had completed the first five months of my six month term of recruit field training. In the week previous to this matter I had purchased a home in Houston as since I enjoyed the town and its people very much it was my intention to serve that community for a number of years.

On October 29, 2005 I was scheduled to go to work at 5:oo p.m. As chance would have it I was driving by the detachment office prior to that time and noticed that my trainer, Cst. Darren Woroshelo, had been called into
work early to deal with a spousal assault file. We were operating on ashort staffed basis as one of the members stationed in Houston had recently had a baby. As soon as I was aware that there was another memberon duty, I went home and changed into my uniform, arriving at workapproximately twenty minutes early.

When I came on shift that evening I was aware that Cpl. Derek DONOVAN from the Burns Lake Traffic Services unit was going to be joining, Cst. Darren WOROSHELO and Auxiliary Cst. Shane Ketchell were on duty for the balance of the shift. As I understood matters, Cpl. Donovan had agreed to assist the Houston detachment that evening because we had a hockey game scheduled to be played by the Houston Luckies.

At around 5:00 p.m. I was in the office with Cst. Woroshelo as he continued with his file concerning the domestic assault. I assisted in preparing the exhibit report and then helped put together material to send via fax to both the Ministry of Children and Families and to Adult Probation. I performed a few other minor office duties, helped organize the file, conducted computer checks and completed the ED301 concerning violence in relationships towards women. once I had done this I left the office in the police truck, 10A2, to pick up Auxiliary Cst. Shane
KETCHELL.

At the time I left the office it was still daylight outside, shortly after 6:00 p.m. I brought Shane KETCHELL back to the office. He was in uniform when I picked him up and once back at the detachment the three of us present (KETCHELL, WOROSHELO and I) spoke about the hockey game taking place that evening. As I was new to the Houston area and hadn’t been there for past games, Cst. Woroshelo did his best to give me some background I recall Darren saying that there was a history of people drinking in their vehicle at intermission at these events and then going back to the game.

After being briefed by Cst. Woroshelo, Aux/Cst. Ketchell went with me over to the hockey arena to speak to the security personnel about searching people attending the upcoming game. I spoke to one man who was working the door and noted another man near a cooler. At that location I also remember chatting as I joked around with the lady who cuts hair  in town. She had a booth set up at the arena where Shane and I bought the last 2 toques
there. I borrowed $5.00 from Shane to complete the purchase.

At the arena I spoke to the brother of one of the former members of the Houston Detachment. I knew that this individual played on the Houston Luckies team so when I saw him sharpening his skates I spent a moment to
wish him luck. We than started towards the exit and on the way out I met the reporter for the local paper. I  remember joking with the man for a moment and asking if he had to pay to get in or if he had a press pass.
After that Aux/Cst. Ketchell and I left the building, returning to the police truck,10A2.

We left the arena and I started driving up Poulton Avenue. I observed three young women walking down the street, obviously carrying alcohol in bags. I stopped my vehicle, rolled down the window and asked where they
were headed. They said that they were going to their bus and that the alcohol was going on the bus for after the game. I remember that they also asked for a ride and I told them no as they were only a block from the arena.

I continued to make patrols with the police truck. As I passed in the vicinity of the Houston Detachment I observed a police vehicle parked in the public parking area. Aux./Cst. Ketchell and I parked out vehicle in the back of the detachment before we went inside. Cpl. Donovan came out of the lunch room in the detachment as we arrived.
Even though I had only been in the community of Houston for a short while, I had made the acquaintance of Cpl. Derek Donovan from his attendance at a camp which Cpl. Troy Durand and I had put on for the kids at risk earlier
this year. I said hello to the corporal and introduced him to Shane Ketchell before we entered the detachment.
Cst. Darren Woroshelo then returned to the detachment to continue with his shift.

A bit later, while we were at the detachment, the local news reporter came by at the detachment. The man wished to know if there were road checks going to be taking place in the community later on. We spoke to the man briefly to let him know what we expected for the evening, advising that there would not likely be "road checks" conducted right after game as it would impede traffic but we would likely be making patrols or checks later on to look for impaired drivers.

I made a pot of coffee in the lunch room while I listened to Darren saying that this was the first game of the season and that essentially we have to show a presence or a set an example so these thing don’t get out of
control with fighting and drinking. I spoke to Cpl. Donovan and was informed that he was waiting for **** to show up at the detachment for fingerprinting. I was told that *****was late and when his contact phone number was tried, there was no answer. I volunteered to go with Cpl Donovan over to *****house to see if we could find the man and obtain  his prints.

We left the detachment and at that point, Aux./Cst. Ketchell went with Cst. Woroshelo in the police car, 10A1. Cpl. Donovan told me to take my own vehicle in case I got a call when we were trying to find *****.
I then led the way over to Mr. *******’s apartment.

Once at the apartment we got out of our respective vehicles and checked the side door which we found to be locked. When we tried to work the front doors but were unable to right through to anyone to have the main door
opened. I remember telling Derek that the last time I had been to ***** apartment that there was a lot of pot smoking taking place in the building. As we were heading back to our vehicles, I happened to see Steven Bahm whom I had gotten to know. Mr. Bahm is pretty well known in the Houston area and stands out because of brain injury he had received in the past. After speaking to Mr. Bahm, the man agreed to let us inside the
building where we attended to Mr. ********’s apartment. Cpl. Derek Donovan knocked on *****s door but received no answer. He then stuck a business card between the door and the jam, reminding Mr. ****** of his appointment.

We left the area of Mr. *******’s apartment and were going outside when we saw ***** coming into the building. Cpl. Donovan chatted with Mr. ****** for a minute and asked if he still wanted to do the prints. ***** *******indicated that he did and Cpl. Donovan agreed to give the man a ride to the detachment. I retrieved the corporal’s card from the man’s door and gave it back to the officer asking if he wished me to go back to the
detachment as well. I was told no, and Cpl. Donovan simply asked me if all the fingerprinting material was still there.

I returned to my police truck and began a series of roving patrols in the neighborhood. As I was traveling I heard Darren and Shane go "10-11" (vehicle stop) at a location on Buck Flats where I heard the name "********* as well. I proceeded to drive out to that location, passing by  them. I then proceeded to drive up the road where I turned around and came back to where the other two officers had parked, still "10-11," I could see that they had a female driver pulled over and I knew that I had seen her before.

I carried on by turning left up Buck Flats, then left onto Lund which proceeds to Mountain View. At the time I believed it prudent to look for parties in that area as I had come across young people in that location before at a bonfire. On this occasion there was nobody at the usual party location.

I left that area and then proceeded to patrol both Mountain View and the Jewel area, ending up back near Mr. ***** *******’s apartment building where I saw Cpl. Donovan and his vehicle but no ***** *******. I radioed over to the corporal as I thought he was done and asked if he wanted to come over and take a look at my new house. We took our vehicles over to my new home and I gave him a tour of the place. I also retrieved a pizza from the fridge which was left over from people had just helped me move in. I thought I would bring the pizza to work for later where those on duty could share it.

I chatted with Cpl. Donovan for a moment at the house and then we left with the corporal telling me that he was going for patrols. I got into my police truck; ate a piece of pizza and started down the street. I then continued down the street and drove past the Idlewylde bar, nothing that there were not many vehicles parked outside. I carried on to patrol the industrial park as there had been a number of "break and enters" in that area recently.

I looked around with a spot light in the area. One of the businesses had a gate open and I remembered it was a business where I had closed it before on an earlier attendance. I then had Cst. Darren Woroshelo call me on the
radio asking for me to meet him at the Chamber of Commerce building. I started driving to the Chamber of Commerce location and arrived to find Cpl Donovan, Cst. Woroshelo and Aux.Cst Ketchell already there. Cpl.
Donovan and Cst. Woroshelo were speaking from their respective windows and  I pulled up beside Aux./Cst. Ketchell as they talked.

The officers were  speaking about doing foot patrols over at the arena as it was almost time for Intermission.
Darren said there was a good spot to park in the seniors’ home near the arena. I dropped the pizza off at the detachment and grabbed a ticket book at the same time. While there I put on cold weather vest in addition to my
coat since it seemed that we would be standing around outside for a bit. I then proceeded to the seniors’ home and parked my vehicle next to that of Cpl. Donovan. I got out, putting my hat on when the corporal said I should
wear my hat to stand out and I noticed the corporal wearing his. I made sure I brought my ticket book with me.

I chatted with Cpl. Donovan for a bit and recall Cst. Woroshelo and Aux. Cst. Ketchell driving by the arena. We met up with them at the corner of 14th and Copeland Ave. where they pointed out several vehicles that appeared to have visibly open cases of liquor. I walked with Cpl. Derek Donovan to corner of the lot. We could hear people coming as it was intermission time for the game.

A number of people approached as we stood in that location. I recall that a couple of guys started to urinate right in front of us and they were talking about how they needed a beer. At the time it was almost humorous that they didn’t see us as I stand over 6 feet and I believe Cpl. Donovan is over 6’5" tall. Another group then came on the scene and started towards one of the vehicles containing open liquor. There were a couple of girls as well and as they came by they saw me and I advised Cpl. Donovanof that.

Once the girls started talking to alert their friends as to our presence, I stepped past them and proceeded to go over to a second group of people gathered near a Dodge Durango SUV, blue or black in colour. I had seen open liquor in that vehicle consisting of open cases of coolers, an open one in front and the other behind the  passenger’s seat which was accompanied by a number of brown bags. I asked who the owner was and one
of the girls said she was. I then asked her to open the door, advising her that the open liquor had to be dealt with. When I told them to pour it out, some of them were joking around and they asked if they could pour it down their throats. I said, no, that they had to pour it on the ground. A number of individuals started pouring out the other cases of coolers. I remember that they had some beer in bags and that the bags were closed. When they said they were going to drink them later, I said Okay, as long as it was not there at the arena. Some of the people asked about transporting liquor and what exactly the requirements were and I explained it as well as I could. They also asked about keeping "empties" and I said that wasn’t a problem.

While I was speaking to the group, one of the bigger guys in the group started getting mouthy and I said, "Sir, I’m not giving you a ticket, are we having a problem here." One of the girls present settled him down. They finished dumping out the liquor and I could see Cpl. Donovan seizing a case of Molson Canadian cans nearby. By this time, everyone was moving back inside to watch the game as intermission was winding down. As they headed back in one guy kept yelling and swearing. I called him back, said look you’re causing a disturbance, stop that or you could end up going to jail. While I did this I noticed Cpl. Donovan standing right behind before he placed the alcohol he had seized into the trunk of his car.

I observed Cst. Darren Woroshelo and Shane Ketchell approach the corner of 14th Street and Copeland Avenue. At about this same time I saw a red Ford Ranger pull up. It was a regular cab truck and I noticed Cpl. Donovan
heading that way. The corporal had his hand out as he stopped the truck and asked if there was any alcohol in vehicle. As the occupants of the vehicle said "No," the corporal asked "What is this in the back?" I looked and I could see two loose bottles of beer in the back of the vehicle. They  were full and I seized them both. Cpl. Donovan asked if there was any alcohol in the front and the driver of the vehicle told him there was not. As the occupants were making that claim I could see a case of liquor jammed behind the seat. I informed Cpl.
Donovan. I asked if anyone was claiming the alcohol seized from the back of the vehicle and since everyone denied ownership, I dumped out that beer. The driver o the truck was only 17 years old, there was a girl in
the middle and a 19 year old passenger. The passenger was asked to step out of the vehicle as Cpl. Donovan advised that he would be seizing the alcohol wedged behind his seat. I went over to the other side of the truck where I asked the driver and girl to step out to be checked for additional alcohol. They complied and no further
alcohol was found. Cpl. Donovan returned to his police car with the seized alcohol. I remember him saying that he needed two file numbers for the seizures of alcohol as he put the item in his trunk.

After the alcohol was placed in the corporal’s vehicle we proceeded on foot to the front of the arena. There was a bunch of guys at the front of the building, pushing and shoving as they gathered there. At first I thought there might be a fight starting out in that location however as I came closer it appeared that they could be just fooling around. When I approached I noticed one man, who was standing 4 to 5 feet from the door, had a beer bottle in his hand. I could see him being either pushed or moving himself to the back of the group near the wall. I went around the group, approached the man with the beer in his hand and said, "Sir, come with me." This individual was later identified to me as Mr. Ian BUSH.

I asked the man to come away from the group. I took the open beer bottle from his hand and asked him to come with me. We started to walk towards the street. I asked him his name and poured out the open bottle of beer I
had seized from him at the same time. He responded, "Jeremy" At this point he was standing above me on a small retaining type wall, and I asked him to step down which he did. We were approximately 8 feet away from the rest of the group. I left the empty beer bottle sitting on the step. I told him that I was going to be issuing him a ticket for open alcohol. I could smell alcohol on him. A couple of his friends came over and asked what was going on. Corporal Donovan was still over dealing with the rest of the group.

About that time Cst. Woroshelo and Auxiliary Ketchell pulled up on 14th St. heading west bound in 10A1. I told Cst. Woroshelo that this guy had open alcohol and that I’d be writing him a ticker. Cst. Woroshelo said to go ahead and use the car. I thought this would be a good idea because all i had was the ticket book and it would be easier and safer to do it in the car. Cst. Woroshelo and Auxiliary Ketchell exited 10A1.

At that point a couple of the man’s friends who had come over said, "Come on, Jeremy, let’s go. He’s not going to write you a ticket." I said, "No, you have to stay here Jeremy. I’m going to be issuing a ticket." I then asked him for identification and the man stated he did not have any on him.

Prior to lodging the man in the back of the car, I quickly checked around his waist for weapons, and looked at his back pockets for the bulge of a wallet. I found no evidence of a weapon or a wallet at that time. I opened the back driver’s side door of 10A1 and asked "Jeremy" to sit in the back so I could write the ticket. He made a statement to the effect that it wasn’t even his beer and he was just holding it for somebody. I then asked where he had gotten the beer from and he said that they’d "stashed" some around. He then sat down in the back of 10A1 and I closed the door.

I got into the driver’s seat and the window was down so I put it up because people were still around and I needed to concentrate. I asked "Jeremy" how his last name was spelled when he did so the spelling he gave did not make any sense. I recorded the spelling in my notebook. I then asked him to pronounce it and he stated STAPLETON. The pronunciation did not seem to match the spelling, which made me think that there was
something wrong with the name he had given me. I then said, "Jeremy, I know you have had a few drinks so I’m going to give you the benefit of the doubt, but I need you to tell me the truth - what your name is, otherwise you could be charged with obstructing a Peace officer, which is a Criminal Code offense and is serious." He said, kind of jokingly, "Well, why didn’t you say so? My name is Tyler." I recorded this into my notebook.

I asked him to spell his last name, and I think it was Poznokoff, a name I’ve heard around town. I recorded this into my notebook. He misspelled it a little bit, but it was close so I asked him to try again. He then quickly spelled it out what I thought was correct and recorded it in my notebook. I asked him for his DOB, he provided me with one, and I recorded it in my notebook. I ran a 10-27 and a 10-29 with the name and DOB he’d given me. I then
started filling out the liquor ticket with the name he’d given while I waited for the computer checks to come back. Both checks came back 10-10 which meant that he had no Drivers Licence in BC. This seemed off, so I asked if he had a Drivers Licence, and he said no.

I continued to fill out the ticket. I asked him questions such as what his street address was. He remembered the street name, Dungate, but not the street number. I finished the ticket and just needed him to sign it, so I stepped out of the car with the intention of getting him to sign it.

At this point I saw Auxiliary Ketchell standing and talking to a man, and i went over to them. I asked Auxiliary Ketchell if he knew who the man in the car was. Auxiliary Ketchell did not recognize him. Auxiliary Ketchell
asked the man he was talking  to if he could identify the man in 10A1. He responded, "Oh, I think that’s Ian," but he could not remember Ian’s last name. 

A young woman came over to us. She identified the occupant of 10A1 as being Ian BUSH. The man that Auxiliary Ketchell had been speaking to corroborated this. I got back into the front seat of 10A1 and said, "Ian, why did you lie to me?" He replied, "Well, I just wanted to get out of the liquor ticket." I told him I was placing him under arrest for obstructing a Peace Officer. Bush said, "You can’t be serious."

I got back out of the car. I went and opened his door and asked him to step out. He complied and I told him to turn around and place his hands behind his back. He did, and said something like, "You’re not going to
handcuff me, are you?" I handcuffed his left hand first and then I handcuffed his right hand. While doing that I told him again that he was under arrest for obstructing because he’d lied to me. I asked if he had any needles or weapons or anything that could poke me. He responded verbally but I do not remember what he said. I then conducted a more thorough search of him. I checked his hat. I checked his collar for anything that might be underneath. I checked his waistline again. I patted his jacket, and then his pants. On his right pant leg he had a cargo pocket and I felt something there. I wasn’t sure what it was, so I asked. I do not remember his response. I opened up the pocket and pulled out a wallet. I then said, "I thought you said you didn’t have any ID." He made
no verbal response to this. I put the wallet back without opening it. This concluded my search. I put Ian back into 10A1 and closed the door.

I got inside 10A1, pulled out my Charter card and read it. I gave him the reason for the arrest. I stated his right to have council. I then asked if he wished to call a lawyer. I read him the official warning. I recorded his responses in my notebook. I do not remember the exact responses but I do recall he was silent for one of his responses.
I radioed for Cst. Woroshelo. I saw him come out of the arena. I put down my driver’s side window, and explained to Cst. Woroshelo that the man had given me two false names and I asked him if he had a Promise to Appear in
his car. My intention was to release BUSH roadside with a liquor ticket and the Promise to Appear for obstruction. Cst. Woroshelo said that he thought he did but it would be just as easy to take Bush back to the detachment and release him there. Cst. Woroshelo suggested that I give BUSH a ride home after this because he had been drinking.

I gave Cst. Woroshelo the keys to my truck and told him where it was parked. I then started to drive to the detachment. I explained to Bush that I was going ot be issuing him a ticket for the open liquor and a PTA
for obstruction and then a ride home. We had a conversation. He was confused as to why I was doing this and I explained again that it was because he had lied to me even after I gave him the chance to tell the truth.

As I was turning up the driveway to the back of the detachment, I radioed dispatch that I’d be 10-6 at the detachment with one in custody. I parked the vehicle right behind the back door. I knew 10A3 was parked in the
garage, and because I didn’t plan on booking BUSH into the cells, there was no point in going in the garage. I exited 10A1, left my door open, and went to the back door of the detachment. I opened it and used a big rock
that was there to prop the door open and make it easier when I was bringing Bush inside.

I returned to the car and picked up the ticket book, thinking that it  would be good evidence in my file for the obstruction charge. I put it on the roof of the car. I then closed my door, opened the back driver’s side door of the car and asked Bush to step out. He was having difficulty stepping out and it seemed that his feet were tangled up a bit, so I said, "Watch your head Ian." He got out of the car. I closed the door and grabbed the ticket book off the roof of the car.

I brought Bush into the detachment in the escort position with my left hand on his right hand and I had the ticket book and hold of his right elbow, or just above his right elbow, with my right hand. He was cooperative and offered no resistance. I gave the rock a kick as we entered the detachment so the door would close behind us once we were inside. I escorted Bush into the interview room and I believe I put the ticket book on the counter by Lynn’s computer as we went by it.

In the interview room, I asked him if I took the cuffs off would there be any "funny stuff?" He replied with a bit of sarcasm, "Well there hasn’t been anything yet." He continued to be cooperative.  I heard Cst. Woroshelo and Auxiliary Ketchell come in as I started taking the left cuff off. I slid back to do the right cuff. I took it off and
told Bush to have a seat in the brown chair. I then told him I was just going to get the  paperwork in order and I’d be right back. I left the room and closed the door. Bush was seated in the brown chair at this time.

I went to my computer station and turned on the monitor for the interview room to keep an eye on Bush. I sat at my computer and did a PIRS computer check to try to ascertain Bush’s birth date. I got a Criminal Code and
looked up the proper charge section and wording for the obstruction charge. I retrieved a Promise to Appear from the filing cabinet. I began filling out the Promise to Appear. Cst. Woroshelo and Auxiliary Ketchell were present in the room at this time. They had received a call from dispatch regarding reading a computer message. Cst. Woroshelo was reading the message at his computer.

I got Bush’s date of birth from the PIRS check, I remember that there were very few entries, but I can’t remember what they were for. I began a computer check on BC PARIS to see if he had a BC Drivers Licence in order to properly fill out the liquor ticket. I continued filling out the Promise to Appear while waiting for the check to come back. His Drivers Licence information came up, so I printed off his information. I thought that I needed to do a "Shriver’s Test" to confirm who it was that I was dealing with.

I took the Drivers Licence printout back to the interview room. Bush had his elbows on his knees, his chin resting on his hands. I asked what his full name was and he responded "Ian Bush." I asked him what his middle name was as well, and he told me. I then asked him what his date of birth was and he gave me the date and the month. I asked what year, and he looked up at me and responded, "What difference does it make?" Bush looked like he was about to cry. I told him I needed the information to be sure you are who you say you are. He then proceeded to give me the correct year. I think I asked him if he was still living on Morgan Rd., and he said,  "yes." Bush was still seated in the brown chair. I left and closed the door.

Auxiliary Ketchell was just outside the door to the interview room. I remember commenting to Auxiliary Ketchell that Bush looked as if he were almost crying. I then told him that one of the reasons I handcuffed Bush was so that he would understand that lying to a Peace Officer was serious.

Cst. Woroshelo was still at his computer. I went in and told him I thought Bush was about to cry. I discussed releasing Bush with only the liquor ticket. I asked if he thought that I should still go ahead with the Promise to Appear or if the liquor ticket was enough. Cst. Woroshelo asked if I knew about the time when Jeff (Cst. Jeff Stanzell of the Houston RCMP) had a possible impaired driver run on him. The suspect had ditched the vehicle, taken off on foot, and Bush was suspected of being that person. Cst. Woroshelo also told me besides that, you gave him an opportunity to tell the truth and this is a good charge.

I continued filling out the liquor ticket while standing by the backside of Lynn’s computer. I had finished filling out the Promise to Appear. As I was doing that, Cst. Woroshelo said that he and Auxiliary Ketchell had to go to Topley to look into a call regarding a possible suicidal male. Cst. Woroshelo asked if I’d be alright, and I told him, "Yeah, but why don’t you just have a talk with him." Bush had been cooperative other than lying to this point.

I was still standing by Lynn’s desk, and Auxiliary Ketchell was by the interview room door. Cst. Woroshelo opened the door and went into the interview room. I heard Cst. Woroshelo explain to Bush that he’d be released and I’d be giving him a ride home. Bush questioned again why he as getting the PTA. I leaned around Auxiliary Ketchell and said, "Because, Ian, you lied to me after I’d given you the opportunity to tell the truth."

Shortly thereafter Cst. Woroshelo exited the interview room and closed the door. He said that he and Auxiliary Ketchell were leaving, and they left the detachment through the back door. As I was finishing the liquor ticket
I remember hearing on my radio something to the effect of Cst. Woroshelo telling Cpl. Donovan that I was alone at the detachment with the subject and that Cpl. Donovan replied that he would be making patrols nearby.
I finished up the liquor ticket. I looked up, and I could see through the window in the door that Bush was standing up and coming towards the door of the interview room. I grabbed the Promise to Appear and the liquor ticket and walked the few feet to the interview room door. Bush saw me oming. I opened the door and told him to have a seat. He complied and sat back down into the brown chair. I sat down with the corner of the table between us and put the liquor violation ticket between us. I slid the Promise to Appear over to the right on the table so we could go through the liquor ticket.

I went through the liquor ticket and explained it to him - what the charge was, what the fine amount was. I showed him where to sign his copy and that the red paragraph stated that he wasn’t admitting guilt by signing the ticket, he was just signing for his copy of the ticket. He then signed the ticket.  I took back the pen and the ticket. I pulled his copy from the ticket, laid it on the table with the backside facing up, and explained the payment procedures outlined there. I told him he could pay the ticket by mail to the address provided or in person anywhere he renewed his drivers license or insurance and that North Country in the mall was one location.I then explained that if he paid the ticket in 30 days they would take $25 off. I then explained that if he wished to dispute the ticket he could mail it into the address provided or let them know in person and a court date would be set in Smithers.

Bush appeared to be listening and was cooperative. Bush took his copy of the liquor ticket in his left hand and scrunched it up a bit.  I then slid the Promise to Appear over between us so that he could see it while I explained it. I started at the top. I had the pen in my right hand and I was using it as a pointer as I went down the page. I explained the charge of obstructing a Peace Officer. I explained the court date, which I believe was for January. I read the address, and I asked if he knew where that was, to which Bush made a comment with a sarcastic tone of voice. I do not remember the words of his comment. I explained to Bush where the city hall building was located. Then I kept going down the Promise to Appear and explained the Identification of Criminals Act potion. I believe that the date I gave was December 20th,2005, when he would need to attend the detachment to provide
fingerprints and get photographed. I explained that if the charge wasn’t approved by Crown Counsel or was dropped or he was found not guilty that those fingerprints and photographs would be destroyed.

At some point while I was explaining the Promise to Appear a call came in about a disturbance on 14th St. I went on my mic and said, "Standby One," as I was almost finished with Bush and would then be available to answer
the call. I heard Cpl Donovan over the radio say that he was going to respond to the disturbance. After explaining the Promise to Appear to Bush, I asked him if he had any questions. He replied that he understood the liquor ticket, but didn’t understand why I was issuing him a Promise to Appear. He sounded frustrated. I replied that it was just a Promise to "Appear as he had given me a false name twice. I further explained that all this was was a
court date.

Next I informed Bush that I needed his signature on the Promise to Appear and I told him. You need to sign here and then I’ll let you go and give you a ride home."

I was looking down and indicated where he was going to sign on the Promise to Appear with an X. He responded loudly, "Why don’t I just punch you in the fucking face!" At this point I perceived his tone to be threatening. It was suddenly louder and aggressive. I had been looking down at the PTA up until this point and at his comment I started to reach up with my left hand to key my mic and ask for backup.

He immediately lunged toward me and struck me hard on the left side of my face before I could key the mic. I didn’t see him coming, but felt the blow connect. I was caught completely off guard and it staggered me as he hit me while I was sitting down. There may have been another blow at this point to my head, and I may have been knocked out of my chair, I cannot remember if I was knocked all the way to the floor.

The next thing that I remember is being on my feet by the desk where I’d been sitting. I grabbed onto his jacket and he was still hitting me in the head. We ended up crashing into the northwest corner of the room by the couch. Bush was still hitting me in the face and on the head. It seemed like he was above me and I was dazed.
I next remember that we were between the blinds and the couch. He was still hitting me and he had his back against the wall with the window. I still had a hold of his coat. It still felt as if he were higher than me,and that I was looking down towards the floor. I glimpsed my mic cord and mic dangling to the floor but could not reach it. I remember thinking that I needed to get to my defensive baton.

At that point Bush hit me again in the head and I went down hard on my knees, almost dead center in the room. Bush wrapped his left arm around my neck. It felt like he was behind me and to my right side. Bush was choking
me hard. I turned my head slightly to the right enough so that I could tell him, "Ian, the fight’s over, that’s it, just leave, you can go." He yelled, "I’m not leaving so you can arrest me again!"

I tried to stand up and ended up falling forward onto the couch. He never let go and fell with me. I tried to get my right arm up and around his body. I grabbed or pulled at his hair and around his left ear with my right hand. I grabbed his left ear and tried to pull it away from me. Bush still had his arm wrapped around my neck. My vision was starting to close in. My sight was dimming.  I was trying to draw some breaths. I had tried at least four times and could not get air, he was choking me that hard. He said, "Take your last breaths." At this, I knew that he was trying to kill me.

I remember seeing an image of my wife Tammy standing looking at me and of the faces of my parents in a flash. I was trying to get out of his hold. I tried reaching back with my left hand to his left arm and tried pushing it over my head. It didn’t work. I was getting weak and couldn’t muster enough strength. He kept squeezing my neck. My face was pressed into the couch. I tried to hit at his face with my left hand. I remember thinking that I needed to get him in a carotic hold. I reached up with my right hand, but I was in no position to apply the hold. I grabbed the back of the couch. I remember touching wood, and tried to pull myself out of his hold, but I was too weak.

Somehow I managed to bring out my service pistol, but I don’t rememberpopping the snaps. I was swinging the gun and hitting him on the head with the barrel. It didn’t seem as if I could swing very hard. I was trying to
make him let go. I think I hit Bush in the head and neck area approximately three times. I thought, He’ll know that this is my gun and he’ll let me go.

Bush said something but I couldn’t hear what it was. I remember feeling rubbery and weak as I tried to hit him. I thought I was going to be dead in seconds. I knew from training that a carotic choke hold like this could kill me in just minutes. We had been told not to use it unless we feared death or grievous bodily harm. It was getting black
while I was swinging. I started to see stars. My vision was becoming dark and there were little bits of light. I stopped swinging. My gun was still up at his head and he kept squeezing my neck. I thought, "You have to do it you idiot." I knew that he was a lethal threat. I was going unconscious, and knew that I had to pull the trigger
in order to save my life.

I pulled the trigger just before blacking out in order to stop Bush’s attack. I didn’t hear the shot. I did not feel the gun go off. I don’t even recall pulling the trigger but I know I did it.

Bush’s grip on my neck loosened.

I don’t know where the gun was after I fired. I may have blacked out at this point but I’m not sure. I ended up flat out on my side on the floor but do not know how I got there. I remember that I was trying to get out of the room, but I couldn’t get up; I was too weak. I was facing the door, but I don’t know how I got there because I had been facing away from it towards the couch.

I looked for my radio. I got my mic and screamed for help. I believe I said: "10-33 Houston detachment. Help me." But I can’t remember for certain. I lay on the floor. I tried to crawl to the door of the interview room but I couldn’t move. I called again for help on the mic. I heard Corporal Donovan on the radio saying that he was at the detachment. I told him over the radio to help me, that I was in the interview room and that I was ok.

Corporal Donovan entered the interview room. He may have spoken to me at this time. I cannot remember what I said to Corporal Donovan at this time, but I believe I was asking, "Why, why, why" and "no, no, no." I was still on the ground and Corporal Donovan went to secure my gun. I saw a magazine on the floor by the couch. I was confused. I couldn’t understand how my firearm would have fired if the magazine wasn’t in it.

Corporal Donovan took my gun from the couch beside Bush and put it on the desk in the interview room
Corporal Donovan helped me out of the room. He put me in Sergeant Sheila White’s office. Then he started opening up my coat and vests to check me for injuries. I remained in Sergeant White’s office. Cst. Dave Leonard sat in the office with me, taking notes.

Everyyone from the detachment appeared to show up in the next little while."

-30-

The Inquest will resume on July 3rd.
  

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