A retired Court of Appeal Justice has determined a Victoria police officer abused his authority when he fatally fired plastic projectiles into a smoky room six years ago. The misconduct finding is tied to the death of 43-year-old Lisa Rauch on Christmas Day 2019. Rauch died after she was struck in the head by at least one plastic projectile from an ARWEN — or anti-riot weapon — fired by Victoria Police Department Sgt. Ron Kirkwood. The decision was handed down by retired Justice Wally Oppal in the Office of the Police Complaint Commissioner’s offices on Friday. It follows a public hearing, which was ordered by the OPCC. “I wish to express my deepest sympathy to the Rauch family for their loss,” Oppal wrote in his 52-page decision. “I accept that this was the last outcome Sgt. Kirkwood wanted. I accept that his expression of regret about the outcome of this call is sincere.” Kirkwood and his wife, Rauch’s family, and many VicPD members were present as Oppal recounted the evidence that led to his decision. Over 16 days of testimony last year, 20 witnesses unpacked what unfolded when police were called to a supportive housing facility on Pandora Avenue at Douglas Street. Rauch was reportedly intoxicated and in possession of a kitchen knife when she threatened a resident and then locked herself in a suite on the third floor. After arriving, police evacuated the third floor and requested the presence of the Greater Victoria Emergency Response Team and two crisis negotiators. The plan was to contain the unit, wait for the crisis negotiators to arrive, and talk Rauch into coming into the hallway, according to Oppal’s decision. When the fire alarm started ringing and officers outside the building noticed smoke coming from the unit’s window, the plan changed. ‘A dynamic scene’ Kirkwood testified he believed the fire presented an imminent risk and the situation was out of control, so police needed to incapacitate Rauch quickly. “This was a dynamic scene like no other,” VicPD Chief Del Manak told reporters on Friday. “There are fire alarms that are going off in the building, there was reduced visibility, there was talk about the fire and the urgency to get into that suite.” Multiple officers testified that upon opening the door to the suite, they could see only a few feet in front of them due to smoke. After more failed attempts to call Rauch out of the unit, a team of GVERT officers slowly went inside, accompanied by two firefighters tasked with dousing the flames. Upon entry, both Kirkwood and another officer testified, they saw what they believed to be Rauch’s abdomen through the smoke. That’s what Kirkwood said he believed he was targeting when he fired three ARWEN rounds. In reality, Rauch was sitting on a couch with her back to the officers, the decision reads. At least one plastic projectile hit her in the head, ultimately killing her. “I would like to see the recommendation be that an ARWEN not be used in these situations,” said Rauch’s mother, Audrey Rauch. “You should also not shoot when you can’t see what’s in there.” Ultimately, the poor visibility led Oppal to substantiate the abuse of authority allegation. “Sgt. Kirkwood’s assessment that the urgency of incapacitation justified the risk of firing into a room where visibility was substantially obscured was objectively unreasonable,” Oppal wrote. “His deployment of the ARWEN three times in the circumstances was reckless and unnecessary.” Findings contradict other investigations Rauch’s mother and father said they’re surprised by the decision. “We spent time preparing ourselves for a different decision, so this one is welcomed,” Audrey said. “I don’t really want to take pleasure in someone else’s misery.” Rauch’s parents described her as a funny woman who loved her family. “She was very talented. She could play the piano,” Rauch’s father, Ron Rauch said. “She was interested in sports, loved friends, but mental illness got her and put her in the situation she was in.” No date has been set for when Oppal will share his decision on disciplinary action and recommendations for change. Friday’s decision follows a 2020 probe by the Independent Investigations Office, which found no wrongdoing. After that, the OPCC tasked an external police agency with investigating the incident. It also found no appearance of misconduct. A retired judge reviewed that decision and dismissed both misconduct allegations in 2023. Rauch’s family requested further review, ultimately leading to the public hearing. “The timeline for the process is extremely traumatic for families and for officers,” Manak said. “There are no winners in this. We’re talking about a process that has taken over five years.” A coroner’s inquest is expected to come next. Second allegation not substantiated Kirkwood was also alleged to have neglected his duty by failing to take adequate notes following the incident. He was advised by fellow officers not to take notes or make any statements until contacting a lawyer, the decision reads, as he was likely to be the subject of an IIO investigation. At the time, VicPD had a policy that officers who are being investigated should get legal advice before making any notes. “I am satisfied that Sgt. Kirkwood did not fail to complete the documentation required by the VicPD, and as such did not neglect his duty,” Oppal wrote.
