The B.C. Prosecution Service says charges will not be pursued against a Prince George RCMP dog handler from a 2015 arrest in which a suspected truck thief suffered serious injuries.
In a clear statement issued Thursday, the BCPS found the force the officer used was reasonable under the circumstances.
According to a summary of the incident, on Sept. 8, 2015, RCMP were conducting covert surveillance on a stolen pickup truck and when they attempted to pull it over, the suspect attempted to flee as did two other occupants.
A police dog was released, and it chase the suspect down and took hold of his leg. When the suspect continued to resist, the dog's handler delivered one punch and two elbow strikes to his face, according to a statement provided by the officer.
The suspect suffered a displaced jaw and facial fractures and maintained the officer actually kicked him in the face as many as six times.
The Independent Investigations Office, the civilian-based organization that investigates police-related incidents of death or serious harm, was called in to investigate and, in March 2017, handed its findings over to the BCPS for consideration of charges.
According to statements provided by the officer and a colleague involved in the apprehension, they had cornered the pickup when it was driven onto a driveway on a rural Prince George property and backed up against a metal gate.
The suspect was recognized from past instances, including a previous attempt to flee police.
When the partner used his vehicle to block the pickup, the driver attempted to use the truck to push back, spinning the wheels as it pressed against the RCMP vehicle. The dog handler, meanwhile, drove his vehicle into the side of the pickup to disable the rear axle or tire.
The occupants jumped out and the suspect ran toward the highway. Worried the suspect would try a carjacking or take someone hostage in one of the nearby homes, the handler released the dog.
While the injuries were consistent with being hit by either hand and elbow or by foot, the BCPS raised questions about the suspect's credibility, noting he denied the truck was stolen and maintained he was not trying to flee police while in the pickup, despite getting out to run away.
"The subject officer's evidence regarding the nature of the strikes would at least raise a reasonable doubt. Based on this, in conjunction with anticipated credibility issues in regards to the suspect's evidence, the evidence is not capable of establishing that the kicking alleged by the suspect occurred beyond a reasonable doubt," the BCPS said.
"There is no substantial likelihood of conviction against the subject officer for any offence in relation to this incident. No charges are approved.
