Police won't face charges in taser death, Crown says

December 10, 2005
ROBERT MATAS, Globe & Mail

Officers' actions 'necessary and reasonable'

VANCOUVER -- Vancouver police will not face criminal charges for using the controversial taser stun gun in an incident 18 months ago that led to the death of 44-year-old Robert Bagnell, a spokesman for B.C. Crown counsel said yesterday.

"A thorough review by senior members of the criminal justice branch determined that charges were not warranted," Stan Lowe said in an interview. "Based on all the available evidence, the officers acted within the scope of their duties and their actions were necessary and reasonable."

Mr. Bagnell was shot at repeatedly, possibly with more than one taser gun, during an incident on June 23, 2004, in a residential hotel in central Vancouver. At least five police officers were believed to be in the room at the time of his death. His family has been trying for 18 months to find out what happened in that room.

Yesterday, Mr. Bagnell's sister Patti Gillman questioned the basis for the decision not to lay charges.

"I do not know how they can draw that conclusion given the evidence we've seen," she said in an interview from Trenton, Ont. "We believe they made that decision on incomplete and contradictory evidence."

A police report provided to the family shows information about the use of the gun was incomplete, she said. "They don't have anything to go on, as to information on which taser was used, when it was used, by whom it was used."

Ms. Gillman also questioned the credibility of the information. "The report states the weapons were secured adequately at the scene and that's not true. They were not secured until a day or two after the fact," she said.

"We hope the inquest will give us a little more insight into what did happen that night. But, so far, we still do not know what happened."

The taser gun, which emits a 50,000-volt electrical charge, is at the centre of an international controversy over how police should deal with potentially violent people. Police say the gun is an effective weapon that saves lives in confrontations. Its critics, including Amnesty International, say the gun has not been tested sufficiently and has caused several deaths.

Police initially told Mr. Bagnell's family that he had stopped breathing when they tried to subdue him, and they did not mention the use of the taser gun. But a month later, police revealed a taser stun gun had been used. A few weeks after that, police said the taser was used to rescue Mr. Bagnell from a fire. The family later discovered the fire was a minor electrical fault on a different floor of the hotel.

Mr. Lowe dismissed concerns about the investigation. "It is the view of senior Crown counsel [that] it was a thorough and comprehensive investigation," he said, adding that prosecutors would have pushed for a further investigation if they had any concerns.

The decision not to lay charges was based on a review by senior staff in the regional office and a second review at headquarters in Victoria, he said. The police report on the incident was submitted to the regional prosecutors' office on May 25, 11 months after the death. Senior management in Victoria received the report on July 15.

The prosecutors concluded that Vancouver police had a right to arrest and take Mr. Bagnell into custody, Mr. Lowe said.

Also, prosecutors decided that it was reasonable to use the taser gun.

Vancouver Police spokesman Howard Chow also dismissed concerns about the internal report, saying that no one had suggested previously that it was incomplete or contradictory. He noted that a date has not yet been set for the coroner's inquest, and that the Public Complaints Commissioner can still call an public inquiry.