‘No choice’ but to shoot man wielding baseball bat: judge

Two Winnipeg police officers had no other option than to shoot a man who was running at them with a baseball bat, an inquest judge has found.

Provincial court Judge Julie Frederickson, who recently oversaw an inquest into the Aug. 27, 2022 death of David Rainville, 39, said she had no recommendations that could prevent similar deaths in the future.

The judge said video shot by a camera on the Winnipeg Police Service helicopter made the circumstances of the early morning shooting unambiguous.

“It is clear from the Air1 video that Mr. Rainville’s actions left the officers with no choice but to fire their guns,” Frederickson said in her report on the inquest, made public on Thursday.

“Why he chose to confront the officers in the manner he did remains a mystery.”

Rainville failed to pull his red Chevrolet Camaro over at a checkstop in the area of Portage Avenue and Empress Street at about 1:50 a.m. He had some alcohol and cannabis in his system, an autopsy found.

Police in an unmarked car briefly followed him and ran his licence plate, getting his name and home address, Frederickson noted.

The officers told others on the radio channel that Rainville had cautions for being a “police hater,” the judge wrote.

Officers in the force’s helicopter followed him.

Two patrol sergeants, in separate vehicles, were dispatched to wait at Halliday Bay and Speers Road, near Rainville’s home, as police suspected he was driving there.

His driving became more erratic, said Frederickson, and one of the patrol sergeants saw him abruptly turn into the back lane behind Bernier Bay, where he lived.

As that officer came up behind his car, Rainville exited the Camaro with a bat and charged him. The officer ran down the back lane with Rainville chasing, the helicopter video showed.

The patrol sergeant had his Taser out and tried to shoot Rainville, but threw it down as he ran down the lane, he told the inquest.

The other patrol sergeant drive towards the pair in an attempt to distract the armed man, who retreated to the Camaro.

The two officers pointed their guns at Rainville, before he ran towards the first officer with the bat “in a position that appears to be ready to swing,” the judge wrote.

Both officers opened fire, shooting him 13 times.

Police in the helicopter called for paramedics, who rushed Rainville to the Health Sciences Centre, where he was pronounced dead just after 3 a.m.

Frederickson said Rainville’s relatives, who spoke to the inquest, described him as a much-loved member of their family, who was community minded.

They were distressed with his death as well as the “police hater label” attached to their son, said the judge.

“It is my sincere hope that the Rainville family’s memories of who David was to them are not overshadowed by his actions that night,” wrote Frederickson, adding she also wants to acknowledge the impact of the shooting on the two officers.

Inquests, which are held in front of provincial court judges, are meant to examine the circumstances of a given death and determine what, if anything, could be done to prevent similar deaths in the future.

Under provincial legislation, inquests are mandatory in certain circumstances, including when an individual dies as a result of police or peace officers using force.

erik.pindera@freepress.mb.ca