Inquiry clears CPS
Posted Mar 19, 2013 11:00 am.
This article is more than 5 years old.
Calgary police have been cleared in the shooting death of a man in a southwest car wash.
In March of 2009, officers had Travis Oakes contained to a bay in the car wash when the victim used his vehicle to ram the police cruisers in an attempt to get out.
An inquiry has found officers were left no option but to open fire in order to subdue the 33-year-old and stop him from harming anyone else.
The report has found no recommendations that would be able to prevent the same scenario from playing out in the future.
Here are some of the reports findings:
— There are no recommendations which may prevent similar deaths from
occurring, considering the totality of the evidence called at the Inquiry.
— There was significant evidence that the officers were left with no option but the
use of lethal force in this case. Shooting at tires would not have stopped the
vehicle in time to eliminate the threat to police officers or members of the
public, since vehicles do not stop immediately, even when tires are penetrated in
this fashion. A vehicle keeps moving and at some point the tire flattens, but
motivated individuals like Mr. Oakes continue to drive even after tires are
flattened, and even on rims in efforts to escape. Hence shooting at the tire and
penetrating one or more tires, would not have stopped the vehicle in time to
avoid injury to those within the proximity of the car wash.
— The evidence at the Inquiry supports the conclusion that an attempt to wound
Mr. Oakes or fire a warning shot could have resulted in unexpected injury to
others and would not have caused Mr. Oakes to stop his vehicle. Even if Mr.
Oakes had been struck in some less lethal part of his body, the imminent nature
of the threat he posed would not likely have stopped, given his agitated state and
determination to escape. He would likely have kept driving. Accordingly, the
evidence at the Fatality Inquiry supports the Calgary Police Service training and
policy to shoot at the centre mass in circumstances where an imminent threat
exists, as was the case involving Mr. Oakes. Nothing less, given time restraints
and the dynamic nature of the situation would have eliminated the threat Mr.
Oakes’ driving presented in time to protect police and the public.
— The fact that Sergeant Jennings shot at a moving vehicle contrary to police
policy was not only justified in this case, but may well have prevented
significant injury or death to both police officers and unsuspecting members of
the public who may have been in the area had Mr. Oakes escaped the car wash
bay in the stolen motor vehicle. The evidence is such that Mr. Oakes was
nudging police vehicles out of his way and the possibility of escaping the car
wash bay presented an imminent threat to police and members of the public.
Mr. Oakes was using his car as a potentially lethal weapon. It was fortunate
Sergeant Jennings possessed a greater than average skill level in the use of his
weapon given the dynamic and complex situation he faced.
