Calgary officer who shot man swinging sledgehammer won’t be charged: ASIRT

Photos in an ASIRT report show the events leading up to the non-fatal shooting of a suspect by a Calgary Police Service officer on July 22, 2023. (ASIRT)

A Calgary police officer won’t face any charges in the shooting of an armed man, despite the province’s police watchdog saying there were reasonable grounds to believe an offence was committed.

The shooting happened on Saturday, July 22, 2023, at 6 a.m.

Police were called to a home in the 1000 block of 39 Street S.E. after the upstairs tenant broke into the basement tenant’s suite with a sledgehammer and chased him.

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According to a report from the Alberta Serious Incident Response Team (ASIRT), the suspect was smashing the basement tenant’s parked vehicle with the sledgehammer when police arrived.

One of the officers immediately drew their gun and pointed it at the suspect while telling him to drop the sledgehammer — and that he was under arrest — but the report indicates the man refused to comply.

Another officer fired a Taser at the suspect four times, which ASIRT noted had “no effect.”

The same officer then approached the suspect and deployed pepper spray in his face.

ASIRT says though the suspect was “visibly impacted” by the spray and became “somewhat disoriented” he continued holding onto the sledgehammer.

ASIRT says the man “blindly swung” the sledgehammer in the direction of the officers while gripping it with both his bands, at which time the officer with the gun fired a shot at him.

ASIRT says the man fell and the sledgehammer “flew under a nearby vehicle.”

According to the report, the suspect then got back up and walked toward the officer with the gun, who “side-stepped out of his path” and kicked the man, causing him to fall to the ground.

Officers took the suspect into custody without further issue.

ASIRT says the suspect had a gunshot wound to his forearm, causing several fractures in his hand which required surgery to repair.

The suspect, who was interviewed by ASIRT for the report, told investigators he had been diagnosed schizophrenic and had not slept for approximately 10 days before the incident.

Threat suspect posed ‘waned’: ASIRT

In its report, ASIRT noted that while the suspect swung the sledgehammer in the direction of the officers, he “swung it blindly,” on account of the effects of the pepper spray, “while also struggling to maintain his balance.”

“The officers were also standing several feet beyond the reach of it,” ASIRT said.

Because the suspect had become “disoriented and unbalanced” due to the pepper spray, ASIRT found the threat that he presented “objectively waned.”

ASIRT suggested that the force used — the firing of the weapon — wasn’t necessary.

“As a result of ASIRT’s investigation, there were reasonable grounds to believe that an offence was committed,” the report said.

The matter was referred to the Alberta Crown Prosecution Service (ACPS) for an opinion on whether charges should be laid.

“On December 5, 2024, ASIRT received the requested opinion from the ACPS. ASIRT will not lay charges,” the report said.