First Nations police did as required under fire: inquest judge

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This article was published 03/08/2022 (1173 days ago), so information in it may no longer be current.

Manitoba First Nations Police Service constables who shot and killed an armed 23-year-old man at Long Plain First Nation in 2019 did what they were trained and required to do, a provincial court judge has found.

In June, over five days in Portage la Prairie, Judge Shauna Hewitt-Michta presided over an inquest into the death of Benjiman David Richard, as mandated by legislation when a peace officer uses deadly force. She issued her report July 27.

On April 2, 2019, three MFNPS officers attended a home on the First Nation adjacent to Portage because Richard was behaving aggressively toward his mother and discharging a gun, the judge wrote.

As the officers approached the house from different positions, Richard fired a .22-calibre rifle at Const. Cindy Prince as she proceeded up the driveway, shattering the rear passenger window of her police car.

Richard tracked her to the rear of the home, where he again fired in her direction, Hewitt-Michta said.

Two constables, Tyler Delaronde and Billy-Jack West, shot back at Richard with their carbines. The suspect was later pronounced dead at the scene by a senior paramedic.

Hewitt-Michta said the evidence in the case was neither complicated nor controversial, and although “there is room to learn from what happened,” the judge was satisfied the officers did what they had to in response to imminent threat.

She declined to make formal recommendations in her report, instead making observations on the importance of adequate police resources, including: high-quality communications technology; the advantage of real-time information during critical incidents; and the value of regular, reality-based tactical and use-of-force training.

Hewitt-Michta said the detachment only had five officers in 2019, and at the time of the incident, there were only three able to respond because the call for service coincided with shift change. She noted having more officers available means more options for the tactical response to dangerous calls.

The judge also observed there was deficient cellphone and radio reception at the First Nation at the time, which appears to have contributed to the incident. She said it’s vital for the province to ensure police and emergency responders have the highest-quality communications technology.

Prince seemingly had inadequate reception, and testified she did not hear warnings from the other officers, then misidentified an SUV at the scene as a police vehicle — all of which likely contributed to her turning her MFNPS vehicle onto the driveway, triggering the eventual shooting, Hewitt-Michta wrote.

The judge noted Richard was not well-known to police, and he had suffered the traumatic losses of his father, a close cousin and an uncle in the years leading up to his death.

“Richard felt these losses deeply and, unfortunately, turned increasingly to drugs and alcohol, which brought him into contact with negative associates. Family witnessed changes in his personality, behaviour and mental wellness leading up to and including the day of his passing,” the judge wrote, noting Richard was under the influence of alcohol and cannabis when he died.

The judge extended her sympathy to family and friends.

“Benjiman Richard’s final moments do not reflect or change the gentle soul they knew and will love forevermore,” she wrote.

erik.pindera@freepress.mb.ca

Inquest report: Benjiman Richard