The Alberta Serious Incident Response Team (ASIRT) said Calgary Police Service officers responded “lawfully” and “properly” during a machete attack at City Hall in 2022, according to a report published on Thursday morning.
Police said they responded to reports from Calgary City Hall on Aug. 2, 2022 at around 3:55 a.m. about an unknown man – referred to as the affected person (AP) throughout the report – broke into the building armed with a machete and deliberately set fires throughout the building. According to Thursday’s report, several officers actively tried to extinguish “several fires” after arriving at the scene.
Officers said they then located the AP who allegedly had a “large, edged weapon.” The AP refused to comply with officers’ orders to drop the machete, which prompted two officers – referred to as SO1 and SO2 in the report – to fire their Anti-Riot Weapon Enfield (ARWEN) devices. ASIRT described them as devices that shoot “hard plastic projectiles designed to incapacitate persons” so they can be taken into custody without having to use a gun.
ASIRT said SO1 discharged nine ARWEN rounds at AP over the next 35 minutes, but they did not force AP to surrender or drop his weapon. Eventually, the officer was able to convince AP to put down his machete, the report read. SO2 then shot a single ARWEN round at AP and used a police dog, and AP was taken into custody.
“Officers believed AP was emotionally disturbed and he was additionally apprehended under the Mental Health Act,” the report said.
ASIRT said the AP had bruises along his torso and extremities which were consistent with the blunt force trauma from the ARWEN rounds. He also had extensive injuries to his genitals that required surgery, which ASIRT said was caused by an ARWEN round. AP also had puncture marks on an arm from dog bites.
Police said AP was treated and remained in hospital under the Mental Health Act “for a period of time” before being released. According to the report, AP said he broke into Calgary City Hall on purpose to set it on fire after CPS did not respond to emails he sent them earlier in the evening.
“All he wanted was police to check the emails he sent them. One of the officers agreed to check his email. AP placed his machete on the garbage bin to try and communicate with the officer,” the report said.
“He left the machete in a spot where he could retrieve it if needed. He did not want to relinquish his weapon. AP stated once SO1 accessed and acknowledged his concerns he then complied with police demands.”
ASIRT said they interviewed a civilian witness, a security guard working at Calgary city hall the night of the incident. Police said the AP made a threatening gesture towards the witness before the latter called for police.
ASIRT also said they interviewed two witness officers, referred to as WO1 and WO2 in the report. Both officers first responded to the incident before calling for ARWEN-equipped officers to assist.
SO1 was also interviewed by police, while SO2 “chose to exercise his right to remain silent.” According to ASIRT, SO1 is a trained ARWEN operator who told investigators that groins and genitals were not a preferred target area. Limbs and the backside are preferred target areas, the report said.
ASIRT added that SO1 acknowledged that he used his ARWEN multiple times on AP to try to force him to drop the weapon and surrender to police, and the officer believed AP was capable of harming or killing someone because he “appeared agitated and refused to drop the weapon.”
The officer denied deliberately shooting him in the groin, but said he believed his sixth shot hit AP in the groin, the report said.
ASIRT said investigators also reviewed body-worn cameras from the CPS officers at the scene.
“After a thorough, independent and objective investigation into the conduct of subject officers, it is my opinion that they were lawfully placed and acting properly in the execution of their duties. There is no evidence to support any belief that they engaged in any unlawful or unreasonable conduct that would give rise to a criminal offense,” the ASIRT report concluded.
“While the use of the ARWEN did result in AP suffering a significant injury, this was an unfortunate and unintended consequence of a lawful use of force. The use of an ARWEN by the subject officers was proportionate, necessary and reasonable in all of the circumstances.”
