A policing expert told a fatality inquest that a Winnipeg officer who fired two shots at a stolen vehicle and killed a 16-year-old First Nations girl was following police protocol and training.
Use-of-force expert Chris Butler testified Thursday that officers didn’t have a lot of time to respond when the Jeep smashed into a truck at a busy intersection on April 8, 2020.
The inquest earlier heard from Const. Kyle Pradinuk, who said he shot at the Jeep’s driver because he believed fellow officers could have been hit.
Eishia Hudson was killed.
“If there’s an immediate … need to respond, then waiting can carry very catastrophic consequences for the officer,” Butler told court.
Police had responded to reports of a liquor store robbery and chased the Jeep.
The inquest has heard the vehicle “rammed” a police cruiser and hit other vehicles during the pursuit. The chase ended when Eishia lost control of the Jeep and hit the stopped truck.
The inquest heard Butler was retained by Manitoba’s police watchdog as part of its investigation into the shooting, which was completed in 2021.
The Independent Investigation Unit of Manitoba didn’t recommend any criminal charges, based in part on Butler’s opinion that Pradinuk’s actions were consistent with police practices.
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Butler testified the Winnipeg Police Service’s use-of-force policy is consistent with other jurisdictions.
He said lethal force is justified if officers believe they, their colleagues or people in their protection face immediate risk of “grievous bodily harm or death” and that there are no other options to resolve the situation.
He relied on documents relating to police policy, eyewitness accounts of the Winnipeg shooting and video statements.
A cellphone video captured by a witness appears to show the Jeep backing away from officers. But Butler said he didn’t use it in his analysis.
He said he’s hesitant to rely on video evidence that hasn’t had a forensic analysis because it could be altered or corrupted.
He also testified he didn’t include perspectives of four other youth who were in the Jeep but couldn’t remember why. Three of the youth previously told the inquest they didn’t recall the Jeep moving backward.
Eishia’s death sparked protests and calls for a public inquiry into police-related deaths of Indigenous Peoples. She was one three First Nations people killed in a 10-day period in Winnipeg that year.
The inquest is not only examining whether the officer’s use of force was appropriate but also whether systemic racism played a role in the shooting. Police had initially identified the robbery suspects as Indigenous.
“I saw no evidence in my review of this entire incident that the race of the individuals in this case in any way improperly impacted the officer’s risk assessments, decision making and interventions,” Butler said.
However, he said the suspects were reported as being aged 15 to 18 and that would have been an important factor.
Court heard some policing agencies incorporate adolescent development or youth in crisis considerations in their training, although there’s nothing specifically relating to this for Winnipeg police.
Danielle Morrison, a lawyer for Eishia’s family, questioned Butler on youth characteristics such as impulsive or panic-driven behaviour in high-risk situations.
“Is it fair to say that that behaviour may appear aggressive, even when it reflects fear or confusion?” she asked.
“Yes,” responded Butler.
Inquests don’t assign blame but can issue recommendations to help prevent similar deaths.
Butler recommended that a traffic reconstructionist report should have been done to better understand the whole event, including the exact positioning of officers and how and when the Jeep moved after the collision.
He also suggested there should have been pursuit support, a supervisor communicating with officers and air resources to track the vehicle.
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