Inquest judge praises Mountie’s ‘exceptional’ restraint in 2021 fatal shooting

The actions of an RCMP officer who shot and killed a drug-fuelled, machete-wielding man threatening him on a Manitoba highway after stabbing someone else “merit commendation,” an inquest judge concluded in his report this week.

Marlon Elijah Whincup, 31, died of a gunshot wound to the neck on Dec. 15, 2021 along Highway 16, about 25 kilometres northwest of Portage la Prairie.

Cpl. Michael Zinn fired three shots at Whincup after a wild, violent series of events that had begun earlier that morning when Whincup, hitchhiking along Highway 50, was picked up by Miranda Rowan and her boyfriend Preston Whitford.

About 20 minutes into the ride, and for no apparent reason, Whincup pulled out a machete and began stabbing Whitford in the face, chest and arm, provincial court Associate Chief Judge Geoffrey Bayly noted in his report on the inquest held in Dauphin last month.

Rowan stopped the vehicle and she and Whitford got out near the intersection of Highways 50 and 16. Whincup followed, and the couple managed to get back in the SUV, drove away and called 911.

Zinn and another officer driving a second cruiser found Whincup walking about five kilometres away, along Highway 16. Zinn used the vehicle’s speaker to tell Whincup he was under arrest.

Whincup pulled the machete from his coat and ran toward Zinn’s vehicle, jumped on the hood and struck the windshield, cracking it. Zinn pointed his gun at Whincup in an attempt to deter the attack, but he continued hitting the windshield.

Zinn accelerated and braked to send Whincup flying, but charged the vehicle again, climbing onto the hood again, screaming that he’d kill the Mountie. The accelerating and braking continued several times until Whincup was thrown into the ditch, where he dropped the machete.

Zinn shouted at Whincup that he was under arrest from about 4.5 metres away.

“Unfortunately, Whincup ignored the command, began crawling forward, grabbed the machete, stood up, and advanced toward Zinn, who then discharged his firearm three times,” Bayly wrote.

“Following the shooting, Whincup remained near the machete and initially refused to comply with instructions.”

Another officer arrived at the scene and helped Zinn and the second Mountie get Whincup into handcuffs. His pulse stopped minutes later and he was pronounced dead by paramedics when they arrived.

An autopsy found Whincup had high levels of methamphetamine and amphetamine in his blood, along with cocaine and oxycodone in his urine.

Bayly said Zinn’s actions were justified, noting using pepper spray or a baton would have had limited effect and required him to get closer to Whincup. The Mounties did not have stun guns on hand.

He praised the officer, who demonstrated “exceptional” restraint throughout the dangerous and unpredictable events.

Inquest judges can make recommendations for policy or procedural changes meant to prevent similar deaths in the future, but Bayly declined to do so.

“Given the immediacy and severity of the threat posed by Mr. Whincup, no policy or procedural changes could reasonably have prevented this outcome,” he wrote.

“The evidence establishes that… Zinn’s actions were reasonable, justified, and consistent with his training and experience. His professionalism and selfless commitment to public safety merit commendation.”

In 2023, Zinn was exonerated by the Independent Investigation Unit of Manitoba, which probes all police shootings.

A year-and-a-half before his death, Whincup was involved in a hair-raising sequence of events that ended with him stealing and wrecking a $200,000 City of Winnipeg ambulance while naked and high on meth. He later pleaded guilty to a slew of offences and was sentenced, initially, to 30 months in jail, which was reduced to 22 months on appeal as a result of a mathematical error.

erik.pindera@freepress.mb.ca