Very Interesting!

"Quote:
"Investigators are trained and experienced in objectivity, they do not tolerate attempts at influence, they have the power and authority to prevent influence."

"They do not tolerate attempts at influence?" Maybe the rank and file don't but I dare say that the folks at the top of the force sure do. If the Basi/Virk thing had come up during the 90's, old Peter "what's his name" head of the Commercial Crime Squad would have made sure that all evidence linking an elected official would have been released post-haste to his golfing buddies from BCTV.

There is nothing wrong with a police force being held accountable by a body of intelligent citizens when a real tragedy occurs. We don't live in a police state.

Well Maybe!

Skywalker, you say:

I think you mean Peter Montague. But I tend to think the information would be "released post-haste" only if it would prove embarrassing or damaging to NDP elected officials. LIEberal wrongdoing on the other hand is kept from the public as much as possible - that's how justice works.

Unusual Occurences? OH REALLY?

B.C. groups deplore deaths in police custody

Kent Spencer
CanWest News Service

Sunday, September 23, 2007

VANCOUVER - Four civilian deaths at the hands of police during the month of August show that a watchdog is needed more than ever, say B.C. civil libertarians.

"It is a macabre coincidence that there were so many deaths," Murray Mollard, executive-director of the B.C. Civil Liberties Association, said Sunday. "Deaths at the hands of police are not rare events. We want to see continuing public exposure to this issue and exert pressure at the political level."

The association is holding a free public forum Monday at the Robson Square Theatre in Vancouver from 8:30 a.m. until 1 p.m.

Speakers will include relatives of Ian Bush, Kevin St. Arnaud and Gerald Chenery, who died at the hands of police.

Another panelist will be Andre Marin, ombudsman of Ontario and a specialist on the subject.

"When police officers investigate other police officers, families do not get any answers," said Sylvia Fee, sister of Gerald Chenery, who was shot 13 times by two Vancouver police officers in 2004.

"Police take things the wrong way and then 'bang,' you're dead. Police investigations protect their own interests," she said. "They have too much power. So many people are getting killed."

Police said Chenery was threatening them with two steak knives in an alley.

Mollard said unbiased investigations should be conducted by a civilian agency.

"In England and Wales, independent police commissions are responsible for investigating deaths," he said.

He called on solicitor general John Les and federal Public Safety Minister Stockwell Day to "demonstrate real leadership."

Mollard said as far as he knows statistics are not kept in B.C. or Canada about the extent of the situation.

He said B.C. coroners' reports show that 13 civilians died at police hands 2005 and 11 in 2004.

"No one knows the scope of the problem," said Mollard.
. . . . . . . . .
(canwest news services)

Perhaps a little more vigilance and increased skepticism about the quality of police services and training is in order.

Really?

Was that at or while in police hands? Semantics, yes, but the latter is believable. How many of those were suicide by cop?

It's interesting how some would have the police shoulder 100% of the blame for these incidents while the..."victim"...shoulders none.

We're already in enough trouble, as is, with a broken legal system. Fix that and it might go a long way to alleviating any police frustration that may result in some of these incidents.

broken legal system.

For example?

See Actual Coroner's Report Part 1

CORONER'S COURT OF BRITISH COLUMBIA,
Held at Burnaby, British Columbia

VERDICT AT CORONER'S INQUEST

We, the Jury, having been duly sworn and serving at the inquest, commencing on 25 January 2006 at Burnaby, British Columbia, and continued on the following dates 26 January, 2006 into the death of ANDRUSYK, Dean Nicholas find he/she came to his/her death at approximately 02:00 hours on the 29thday of September, AD 2004 at or near Vancouver, British Columbia:

MEDICAL CAUSE Of DEATH .

(1) Immediate Cause of Death: (a) Gunshot Wound of the Abdomen

Antecedent Cause if any: (b) Due to a Consequence of

Giving rise to the immediate cause or,
status giving rise to cause:

(2) Other Significant Conditions,
Contributing to Death: Schizophrenia-Paranoid Type

CLASSIFICATION OF THE EVENT: HOMICIDE

The above verdict certified by the Jury on the 26th day of January, AD 2006.
Stephen Fonseca, Presiding Coroner

TO BE COMPLETED BY THE PRESIDING CORONER

Age: 49
Gender: Male
Date of Birth: 10 August 1955
Native: No
Coroner's Case No: 2004-255-0949
Post Mortem: Full
Police File No.: 2004-253773
Toxicology: Yes
Police Department: Vancouver
Identification Method, by: Fingerprints
Premise of Injury: Sidewalk
Premise of Death: Hospital
Court Reporter: United Reporting (604-689-1088)

See Actual Coroner's Report Part 2

INTRODUCTION

This inquest into the death of Dean Nicholas Andrusyk commenced on January 25, 2006 at Coroners Court in Burnaby, BC. Eleven witnesses gave evidence on January 25. The five person jury deliberated and returned the Verdict with no recommendations on January 26, 2006.

The following exhibits were recorded:
1. Termination Summary - South Mental Health Team
2. Scale Drawing of the Scene
3. Book of Photographs
4. Vancouver Hospital Discharge Summary
5. Autopsy Report
6. National Use of Force Framework (Model)

The following witnesses gave evidence:
1. Dr. Prakash Amin
2. Mr. Matt Lisinsky
3. Mr. William Bree
4. Constable Look
5. Constable Filippelli
6. Mr. Patrick Seline
7. Mr. Bill Curry
8. Dr. Charles Lee
9. Corporal Greg Gillis
10. Dr. Nathan Shaffer
11. Del. Beisick

PRESIDING CORONER'S COMMENTS

The following is a brief synopsis of the issues reviewed during this inquest. The purpose of these comments is to assist the reader to more fully understand the Verdict of the jury. It is not intended to be considered evidence nor is it intended in any way to replace the jury's verdict.

INQUEST PROCEEDINGS

Based on witness testimony, including two independent witnesses to the actual incident, at approximately 2312 hours on September 28, 2004, a 9-1-1 call was placed from the 7-Eleven at 5688 Victoria Drive on the north-east comer of the intersection with East 4151 Avenue. The complainant reported a recent domestic dispute and was requesting the Vancouver Police Department's assistance filing a report. He informed the operator that he would remain at the 7-Eleven to meet with the attending officers. At approximately 2331 hours, two sworn members, Cst. Look and Cst. Filippelli, working in uniform and traveling in a marked police cruiser, were dispatched. Cst. Filippelli was driving while Cst. Look occupied the front passenger seat. The officers traveled eastbound in the 1900 block of East 4151 Avenue and approached the intersection with Victoria Drive. They made a left turn through the intersection onto Victoria Drive where they noticed a man seated at the bus stop outside the 7-Eleven.

See Actual Coroner's Report Part3

Assuming that this individual was the complainant, they drove up to the bus stop and stopped at the curb. The lone individual seated at the bus stop was in fact Mr. Andrusyk and not the complainant. When the police cruiser pulled up, he reportedly made hand motions as if he was shooting at them with an imaginary weapon. Cst. Look testified that the dispatcher had indicated that the complainant may have been intoxicated and possibly frustrated by the delayed arrival of the officers. Cst. Look stated that he was a little more cautious than normal when he engaged Mr. Andrusyk in conversation through his partially opened window but there was no perceived threat at that time. Mr. Andrusyk got up off the bench and suddenly approached the passenger side of the police cruiser in a confrontational manner. Cst. Look repeatedly instructed Mr. Andrusyk to back off, but his directions were ignored. Due to the aggressive nature of Mr. Andrusyk's advance. Cst. Look opened the car door knocking Mr. Andrusyk back in order to create space between him and the possible threat. As Cst. Look exited the vehicle, Mr. Andrusyk again advanced on him, but this time with a drywall saw in his hand, and he began stabbing at Cst. Look, who was now trapped between the passenger door and the car frame. A struggle between Cst. Look and Mr. Andrusyk ensued and Cst. Look received two stab impacts to the body armour and subsequently suffered a laceration to the forearm as well as other superficial wounds to the arm and leg and a puncture wound to the calf. While Cst. Look was struggling with Mr. Andrusyk, Cst. Filippelli, who had exited his driver side door, had made his way around the rear of the police cruiser and onto the sidewalk. Cst. Look called out to his partner that he was being stabbed. Cst. Filippelli could see the weapon in Mr. Andrusyk's hand and unholstered his dJty pistol and repeatedly instructed Mr. Andrusyk to "drop the knife". Cst. Look was able to break free of the altercation and stepped away from Mr. Andrusyk. Cst. Filippelli testified that his commands to Mr. Andrusyk were ignored and he feared for his life and that of his partner's when he discharged his pistol once. The bullet struck Mr. Andrusyk in the chest and he immediately collapsed to the sidewalk. Cst. Look drew his duty pistol and together they held Mr. Andrusyk at gun point. At approximately 2346 hours, Cst. Filippelli used his portable radio to make an emergency call for "code 3 cover as his partner had been stabbed and shots had been fired.

The officers continued to hold Mr. Andrusyk at gunpoint until additional officers had arrived on scene. The drywall saw, now lying on the ground beside Mr. Andrusyk, was kicked away and Cst. Filippelli handcuffed Mr. Andrusyk. BC Ambulance personnel were dispatched to the scene at 2350 hours.

Actual Coroner's Report Part4

The officers continued to hold Mr. Andrusyk at gunpoint until additional officers had arrived on scene. The drywall saw, now lying on the ground beside Mr. Andrusyk, was kicked away and Cst. Filippelli handcuffed Mr. Andrusyk. BC Ambulance personnel were dispatched to the scene at 2350 hours. Advanced Life Support attendants Bill Curry and Patrick Seline arrived at 2355 hours after confirmation was received that it was safe to enter the scene. They found Mr. Andrusyk lying prone, but were apparently not aware that he had in fact been shot, and they proceeded to attend to Cst. Look first. After initially checking on Cst. Look, the ALS: attendant then enquired about Mr. Andrusyk, who was now lying on his back with ~ blood stain noticeable on his shirt, and was informed that Mr. Andrusyk had been shot once. The ALS attendant observed a gunshot wound to the anterior chest and he appeared to be in serious condition. He was placed on a stretcher and placed in the back of the ambulance. They left the scene at approximately midnight en route to Vancouver General Hospital. Based on Vancouver General Hospital's medical records entered as an exhibits and Dr. Charles' testimony, Mr. Andrusyk suffered a gunshot wound to the abdomen causing damage to the abaominal organs and copious blood loss into the abdominal cavity. Despite aggressive medical intervention, he died as a result of the gunshot wound and was pronounced dead at 0200 hours. Cst. Look also received medical treatment for injuries sustained in the altercation. His injuries included a 3 inch deep laceration and abrasions to the rightarm, minor cuts to the right elbow and right thigh and a puncture wound to the right calve. The damage to Cst. Look's uniform and stationary as well as the nature of the injuries he sustained corroborates the officers' and independent witnesses' testimony of the physical altercation with an armed assailant.

Shortly after the incident and while still on scene, Cst. Filippelli surrendered his duty pistol and cartridge magazine. The cartridge case recovered from the scene and the bullet recovered from Mr. Andrusyk's body at the autopsy were identified as being fired by Cst. Filippelli's pistol. Corporal Greg Gillis provided the jury with a comprehensive understanding of the National Use of Force framework as well as the legislative authority and duty to ensure public safety. He explained how officers were trained to continually assess situations and through their interactions with the public determine the reasonable level of force appropriate for a specific set of circumstances. Factors and circumstances surrounding lethal force options, including specifically when a knife attack was concerned, were also examined. Dr. Shaffer, Mr. Andrusyk's psychiatrist at the South Mental Health Team testified that Mr. Andrusyk had a long-standing history of schizophrenia - paranoid type, with numerous admissions for psychiatric care.

Actual Coroner's Report Part5

He moved to British Columbia towards the end of 1983 and was initially examined at Riverview Hospital after an incident in February 1986 where he threatened and shoved a passer-by and after being arrested. threw a cup of coffee in the police officer's face. He first visited with Strathcona Mental Health Team in December 1986 where, over time, he apparently showed signs of gradual decompensation. As a consequence, he was arrested with the assistance of police officers under the Mental Health Act from his residence on November 28, 1995. Subsequent to his discharge, he was referred to the South Mental Health Team. who began treating him on January 10, 1996. He remained a voluntary patient with South End Mental Health Team and appeared 1 stable and functioning adequately in society. Dr. Shaffer testified that Mr. Andrusyk did not fully comprehend the extent of his mental illness and refused to believe that he was schizophrenic. He continued to take the medication prescribed because he felt that it helped him sleep better. Dr. Shaffer advised that as a voluntary, patient, Mr. Andrusyk was not obligated to take medications, attend appointments or seek psychiatric treatment for his mental illness.

At Mr. Andrusyk's request, his treatment was transferred to his family physician and his file with South Mental Health Team was closed in May 2001, with the option to reopen the file should the need arise. His family physician, who had treated him since January 1997 for numerous ongoing medical issues, indicated that Mr. Andrusyk was a pleasant, co-operative individual with a history of compliance with treatment. In addition to continued monthly visits for his medical concerns, Mr. Andrusyk was also prescribed Loxapine in 3 month quantities. Mr. Andrusyk was last seen by his family physician on April 5, 2004, and a prescription for Loxapine was written. Dr. Amin testified that Mr. Andrusyk was a voluntary patient and there was no legal authority vested in him to ensure that Mr. Andrusyk take his medication. Dr. Amin did acknowledge that had Mr. Andrusyk stopped taking his medication entirely, he could have decompensated in a week or longer and· could pose a danger to the public. However, Mr. Andrusyk did not demonstrate any symptoms or acute changes in his behaviour during appointments that Dr. Amin felt demonstrated an imminent danger to his patient or the public. Had acute changes been apparent, Dr. Amin would have had the option of certifying Mr. Andrusyk under the Mental Health Act for psychiatric evaluation and treatment as Mr. Andrusyk had undergone in the past.

Actual Coroner's Report Part5

Mr. Andrusyk's last contact with Vancouver Police was on April 8, 2002, in his residential complex where he had apparently threatened teenagers whom he felt had trespassed into his yard. On this occasion police advised him of appropriate future conduct. One of the witnesses testifying was a friend of Mr. Andrusyk's neighbour. He stated that Mr. Andrusyk's more recent behaviour indicated that his mental health status was deteriorating and he suspected that Mr. Andrusyk wasn't taking his medication.

Mr. Andrusyk's residence was examined by investigators subsequent to the fatal incident. Knives were located at entry points to the residence as well in other strategic locations in the living room. Forensic pathologist Dr. Charles Lee testified that the autopsy showed a single gunshot wound of the lower chest and upper abdomen, which injured the liver, right kidney, and duodenum. The appearance of the entrance wound was consistent with a distant range of fire. He also had several minor abrasions, although most appeared to be in the healing stages, and therefore occurred days prior to death. The autopsy also showed significant ischemic heart disease with evidence of a remote myocardial infarction. He also had a chronic hepatitis. His pre-existing natural disease however, did not cause his death. Post mortem toxicological analysis was unremarkable and no prescription medications were detected.

The jury found that Dean Nicholas Andrusyk came to his death on September 29, 2004, by unnatural causes; to Whit, Gunshot wound to the abdomen. Paranoid Schizophrenia was listed as contributory. They classified this man's death as homicide and made no recommendations.

Homicide is death due to injury intentionally inflicted by the actions of another person. Homicide is a neutral term that does not imply fault or blame.

Affirmed by,

Stephen FONSECA,
A Coroner in and for the Province of British Columbia

Comment on Coroner's Report

I have a lot of problems with the police shooting in this case. However, it is appropriate to comment only on what is written in the report. First, police spun self-defence from the beginning, and withheld the name of the cop who executed the fatal shooting for 16 months. Second, the slain man had a right to approach the police car, because he was waiting for a bus and they were parked in a bus zone; the cop had no right to slam the car door on the man. Third, the dry wall saw used against the cop is a blunt instrument, and the holder backed off after his retaliation against the cop. Fourth, independent witnesses heard the cops ask the man to disarm but did not verify cop claims that the man made a second attack on the other cop. Fifth, both cops drew their service revolvers and the uninjured cop shot the man, "from a distance." Sixth, the cops withheld information of the gunshot wound from paramedics, and allowed the handcuffed man to lie with wounds open to earth. Cops insisted that the cop get first service. Seventh, while extensive evidence of the slain man's mental health was produced, not one word was said about the cop code of retaliation against those who injure cops.

It requires only 20 weeks of training to become a Coroner. Most training cells overlap with police training. Vancouver's former Mayor, Larry Campbell, was a cop turned Coroner. He is barely a medical amateur, let alone a professional. Unfortunately, people have a mistaken notion of Coroners. Few are aware that they train in close contact with future cops. Given those relationships, the public is NOT served in the Coroner process.

Revolving door

for one.

police violence

I agree with most that the police have to be judged by outside overseers - with the new paranoia produced by the overkill on terrorism the media's constant hammering all of us with - and the police who no longer use common sense to judge a situation seem often to overreact causing undue harm.

The black mark created by the lies of the top brass at the RCMP, the lies of police officers trying to weasel out of situations is now well documented - the question is who can we trust - certainly not the police - the facts are they lie and do no wrong until the truth outs them - does that sound familiar?