Coroner's Inquest in police shooting death
November 27, 2008 in News
The coroner’s inquest into the death of Daniel Antony King is scheduled for up to eight days commencing December 8, 2008. All hearings, which are open to the public, will be held at the Office of the Chief Coroner, 20th floor, Metrotower 2, in Burnaby, BC starting at 9:30 a.m..
Mr. King, 37, was shot and killed by RCMP and New Westminster police officers at a Burnaby gas station on October 13, 2006. After the shooting, the RCMP issued a series of media releases (Burnaby file no. 2006-54556).
The first media release, at 6:00 a.m. October 13, 2006, stated:
“At 12:23 a.m. this morning, there was a police involved shooting at the Mohawk Gas Station on Canada Way at Edmunds in Burnaby. One male suspect is deceased, no one else was physically injured in this incident. As a result of this being a police involved shooting the Integrated Homicide Investigation Team (IHIT) have been assigned to conduct an independent investigation. This is a multi-jurisdictional event including the New Westminster Police, Coquitlam RCMP and Burnaby RCMP.”
(Note: IHIT is a team of police officers that includes investigators from the New Westminster Police Service and the RCMP)
The first RCMP media update, issued at 10:59 a.m., said, “A press release is to be issued at 11:30 a.m. This is not a press conference…”
The press release issued at 11:38 a.m. described the shooting this way: “As officers approached, the suspect produced a handgun. In an attempt to subdue the driver, the police officers were required to engage in lethal force. The driver was shot several times. He was transported to Royal Columbian Hospital where he was pronounced dead.”
The next media update, at 4:56 p.m. on October 16, 2006, identified the deceased and included this remark: “Forensic Identification Specialists and investigators who examined the shooting scene have confirmed the handgun KING produced as the police officers approached the vehicle, was an imitation handgun.”
Twenty-five witnesses are scheduled to testify. According to the BC Coroners Service:
“Inquests are formal court proceedings, with a five-person jury, held to publicly review the circumstances of a death. The jury hears evidence from witnesses under subpoena in order to determine the facts of the death. The presiding coroner is responsible to ensure the jury maintains the goal of fact finding, not fault finding.”
posted by Cameron Ward
Judgment reserved in plea bargain dispute
November 7, 2008 in News
BC Supreme Court Justice Gill has heard the Attorney General, Criminal Justice Branch’s motion to dismiss a Petition filed by the family of homicide victim Tammy Lynn Murray and is expected to render her decision on Monday, November 17, 2008.
Ms. Murray was brutally slain on September 19, 2007 by her domestic partner, Aaron Hickey, 19, who stabbed her dozens of times. Hickey was immediately charged with murder and made numerous court appearances over the next eight months. As Hickey’s preliminary hearing was about to commence, Ms. Murray’s family learned that Crown Counsel had concluded a plea agreement with Hickey’s defence counsel that would enable him to plead guilty to manslaughter instead of murder. The family had not been consulted about the possibility of a plea to the lesser offence and was outraged when they learned of it. They demanded an explanation and were told by Crown Counsel that Ms. Murray’s employment as an escort was a factor in the Crown’s decision to make the deal.
Michael McLeod filed a Petition in BC Supreme Court on October 7, 2008 and served Crown Counsel with the documents. On October 14, 2008, Hickey pleaded guilty to manslaughter and his sentencing hearing was put over to January, 2009.
An Amended Petition was filed on November 5, 2008: Petition To The Court
At today’s hearing, two lawyers representing the Ministry of Attorney General, Criminal Justice Branch applied to have the Amended Petition summarily dismissed on the basis that it discloses no reasonable claim, that it is unnecessary, scandalous, frivolous or vexatious and that it is an abuse of the process of the court.
posted by Cameron Ward
Change has come!
November 4, 2008 in Opinion
Senator McCain is a brave and honourable man who was a worthy candidate for his party. But President-elect Obama will inspire millions, give hope to those who despair, and restore America’s reputation. It is an historic day!
…..
“There was perhaps no more profound way to slam the door on eight years of the Bush administration than to elect the first African-American to replace him. The symbolism is powerful; the history is breathtaking. We changed a lot more than our political orientation last night. The country finally grew up.
Something stirred us in a profound way. The disillusionment and disappointment of failed polices everywhere you look were the catalysts. Barack Obama was the spark. Watching him in Grant Park last night, it occurred to me that just like Hemingway was born to write and Tiger Woods to hit a golf ball, this man, Obama, was born to do this, to lead.”
CNN’s Jack Cafferty
posted by Cameron Ward
Change we need
November 3, 2008 in Opinion
Photo: AP
posted by Cameron Ward
Justice for Robert Dziekanski's mom?
October 16, 2008 in Opinion
October 27 update: The inquiry into the death of Robert Dziekanski has been further postponed to January, 2009 to give the Crown more time to consider whether to lay charges in respect of the October 14, 2007 incident. Apparently, the prosecutors are awaiting further investigative material from the RCMP.
What a disgraceful reflection on our system of criminal “justice” that it takes more than a year to deal with a fatality captured on videotape!
…..
This from the Vancouver Sun, back on October 16, 2008:
“Crown wants more evidence on fatal YVR Taser incident
Neal Hall, Vancouver Sun
Published: Thursday, October 16, 2008
The Crown is seeking further materials before deciding whether charges are warranted against RCMP officers involved in a fatal incident a year ago when a Polish man was jolted with a Taser at Vancouver International Airport.
“We’re awaiting further materials, including expert reports,” Stan Lowe of the B.C. criminal justice branch said Wednesday. “Once we have those, we will continue to expedite the process.”
Lowe declined to provide an estimate of how much longer the charge assessment process may take.”
……
Over a year ago, four burly armed men confronted a tired, confused and disoriented unarmed immigrant in a public place and immediately shot him with 50,000 volts of electricity from a “less than lethal” prohibited weapon. The whole incident was captured on videotape and everyone involved was immediately identified.
Why do those in our criminal justice system, supposedly one of the best in the world, need to take more than a year to decide whether the law may have been broken? Why should it take more than a year to decide whether to lay charges?
The answer is obvious.
In British Columbia, as far as I can tell, no police officer has ever faced a criminal trial in respect of a death occurring after the intentional application of force to a member of the public. To put it another way, police officers in BC enjoy immunities that the rest of us do not.
In the Dziekanski incident, any lawyer worth his or her salt will say that the videotape showed police using more force than was reasonably necessary to deal with the unfortunate Robert Dziekanski….
In my opinion, all this time is being taken, not to gather evidence to support a charge, but to gather evidence to support a decision not to lay a charge.
…..
Here, once again, is the outrageous and damning video evidence: