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Crown rejects charges in B.C. police shooting because of lack of evidence

B.C. Prosecution Service says it can含羞草研究社檛 prove officers committed offence in 2021 Jared Lowndes death
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A memorial was set up for Jared Lowndes at the Campbell River Tim Hortons where the incident took place. Photo by Marc Kitteringham / Campbell River Mirror

Content Warning: this story contains details some may find disturbing.

The B.C. Prosecution Service (BCPS) has confirmed they are not approving charges in the fatal Campbell River police shooting of Jared Lowndes.

The BCPS concluded that the evidence available did not meet their charge assessment standard.

含羞草研究社淭he BCPS is not able to prove, beyond a reasonable doubt, that the officers committed any offence in relation to the incident. As a result, no charges have been approved,含羞草研究社 a statement from BCPS says.

BCPS provided an overview of events as they took place on July 8, 2021. That morning, a member of the Campbell River RCMP detachment stopped to investigate a suspicious vehicle near Campbell River. A license plate search found the owner 含羞草研究社 Lowndes 含羞草研究社 had an arrest warrant outstanding for a conditional sentence order breach related to a firearms offence.

The report states the driver of the vehicle reversed quickly as the officer approached, and 含羞草研究社渟ped off through a grassy portion of a park and onto the roadway.含羞草研究社

Another RCMP officer later spotted the vehicle north of Campbell River. Other RCMP members were called to assist, including the on-duty police service dog officer and the dog.

The report says Lowndes drove to a restaurant, where three officers attempted to pin his vehicle in place with their vehicles as he approached the drive-thru window.

含羞草研究社淢r. Lowndes was able to quickly reverse out of the drive-thru lane, then drove at a high rate of speed through the parking lot pursued by (the police service dog officer) in their police vehicle. Lowndes continued to maneuver through the parking lot, reversing and striking another vehicle while trying to find a way out of the parking lot as the police vehicles converged on him. He drove from the back of the lot toward the only exit in the front when his path was blocked by another police vehicle. Mr. Lowndes then attempted to drive backwards through the drive-thru lane but was blocked by the police vehicles.含羞草研究社

The report states 含羞草研究社渟everal officers含羞草研究社 approached Lowndes含羞草研究社 vehicle with their guns drawn, and they 含羞草研究社渓oudly instructed Mr. Lowndes to 含羞草研究社榮how me your hands.含羞草研究社櫤卟菅芯可鐫 As two officers approached the car, the report says Lowndes discharged bear spray, prompting the police service dog officer to lift the dog into the car.

含羞草研究社淢r. Lowndes grabbed a large knife from the passenger seat and began stabbing the dog,含羞草研究社 the report says. 含羞草研究社淢r. Lowndes also stabbed (the police service dog officer) with the knife, resulting in multiple cuts and wounds on their left hand.含羞草研究社

The report says that officers shouted to Lowndes to 含羞草研究社渟how me your hands,含羞草研究社 and 含羞草研究社渃ome on, give up.含羞草研究社 One officer climbed on to a police vehicle and aimed their firearm at Lowndes through the front windshield.

含羞草研究社淒uring this time Mr. Lowndes is heard saying things to the effect of 含羞草研究社榊ou含羞草研究社檙e going to have to f含羞草研究社敽卟菅芯可鐢-g kill me含羞草研究社 and 含羞草研究社業含羞草研究社檓 not coming out, just f含羞草研究社敽卟菅芯可鐢-g kill me,含羞草研究社櫤卟菅芯可鐫 the report says. 含羞草研究社淚n response, a Taser was deployed twice; however, it appeared to have no effect on Mr. Lowndes. He used the knife to cut away the Taser wires.含羞草研究社

含羞草研究社淢r. Lowndes moved to the passenger side of his vehicle with the knife still in his hand. Officers shouted, 含羞草研究社榙rop the knife, drop the knife,含羞草研究社櫤卟菅芯可鐫 the report says. 含羞草研究社淢r. Lowndes opened the passenger door and pushed PSD Gator out. PSD Gator was pulled away from the car by a police officer and died at the scene.含羞草研究社

Lowndes emerged from the car, still holding the knife, the report says. Shots were fired by two officers 含羞草研究社渁lmost simultaneously,含羞草研究社 two shots hit Lowndes, mortally wounding him, and one other missed. Lowndes died at the scene.

BCPS uses a two-part test to determine whether charges are approved: whether there is a 含羞草研究社渟ubstantial likelihood of a conviction含羞草研究社 and whether the public interest requires a prosecution.

The charges considered were, for the first officer, manslaughter, discharge of a firearm with intent and/or assault with a weapon. The charges considered for the second officer were for discharging a firearm with intent and/or assault with a weapon, the third were aggaravated assault and/or assault with a weapon (the police dog).

The report says that the officers were acting in the course of their duties, had reasonable grounds to perceive that Lowndes posed a risk to himself or others.

含羞草研究社淭he central question in this case is whether the force used by the three officers was objectively necessary, reasonable, and proportionate in the circumstances,含羞草研究社 the report says.

The report cites Lowndes含羞草研究社 use of bear spray as a 含羞草研究社渟ignificant escalation of violence,含羞草研究社 and says the use of the police dog was a 含羞草研究社渄irect response to the risk.含羞草研究社 The report also says that 含羞草研究社渢he officers reasonably believed that if Mr. Lowndes exited the vehicle still armed with the knife, there was a significant risk he would harm them or others.含羞草研究社

含羞草研究社淐onsidering all the circumstances, the Crown would be unable to prove beyond a reasonable doubt that the force used was unnecessary, unreasonable, or disproportionate. Therefore, there is no substantial likelihood of conviction in relation to any of the proposed charges,含羞草研究社 the report concludes.

The full 11-page report is available online.

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Marc Kitteringham

About the Author: Marc Kitteringham

I joined Black press in early 2020, writing about the environment, housing, local government and more.
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