planned breaks during covert operations could prevent deaths: judge
planned bathroom breaks for calgary police officers doi...
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file photo of calgary courts in calgary on monday november 26, 2018.
darren makowichuk/postmedia
planned bathroom breaks for calgary police officers doing covert surveillance could prevent deadly encounters like one where a constable fatally shot a knife-wielding bandit, a judge has recommended. justice indra maharaj, in a fatality inquiry report posted online, made two, non-binding recommendations intended to prevent deaths similar to the fatal shooting of calgarian yacin osman 6 1/2 years ago.
const. ray davis was conducting covert surveillance as part of a strike team the evening of april 19, 2018, when he handed off his position to a fellow officer “so that he could take a short health break,” maharaj noted in her eight-page report.
“he drove, in his unmarked vehicle, to the fenced surface parking lot at the corner of 2nd avenue ne and 6th street ne” the calgary court of justice judge said.
there he parked close to the building on the property.
“he got out of the vehicle, scanned the area, went to the back of his vehicle, and relieved himself,” maharaj said.
when davies got back in his vehicle he paused to check his phone for messages before his driver’s side door was yanked open by osman, who was brandishing a knife and threatening to kill the plain-clothed officer if he didn’t give up all his money.
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“const. davies was able to access his service weapon on the pretense of reaching for his wallet,” maharaj said.
he then stepped out of the vehicle and twice struck osman in an effort to stun him, but the attack continued, the judge noted.
“const. davies hit osman a second time, but osman did not stop advancing with the knife. const. davies determined that he had to shoot osman to protect his life,” maharaj said.
davies shot osman, 26, once in the chest.
in her recommendations, maharaj said a better plan for surveillance officers’ health breaks may prevent similar encounters in the future.
“ensuring that there is a plan for ordinary breaks during a surveillance shift that does not involve covert officers needing to relieve themselves in dark and secluded places could reduce the risk of a similar interaction,” she wrote.
maharaj also said: “ensuring that cover officers have an emergency button and gps on their hardwired radio, their portable radio, their vehicle, or as part of their gear could provide the opportunity for a covert officer to call for help silently and unobtrusively and be located efficiently.”
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“the death of yacin osman is a tragic reminder of the plight of many people in our society who struggle with addiction,” maharaj said.
“in this case, a young man is dead, and a seasoned police officer bears the burden of the memory of how that death occurred.”
kmartin@postmedia.com
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