The shooting of Steven Boucher by two RCMP members on a downtown Canmore street is being examined during a fatality inquiry in Calgary Provincial Court.
On Jan. 10, 2011, Boucher, the suspect of three armed robberies in Canmore, was stopped by RCMP in his car at the intersection of Railway Avenue and Gateway Street at about 4 p.m.
According to police and civilian witnesses alike, Boucher, 63, stepped out of his grey Ford Probe, raised a handgun and pointed it at a member. Two RCMP members involved in stopping Boucher with separate cruisers then fired, striking him three times, resulting in his death. It was later revealed that the handgun Boucher used at the time and during two alleged prior armed robberies, was a replica.
The two members involved in the shooting, Cst. Sanjay Sachdev and Cpl. Chris Blandford, were cleared of any wrongdoing in the fatal shooting by ASIRT (Alberta Serious Incident Response Team) on March 25, 2012.
On Monday, though, a mandatory fatality inquiry under the direction of Judge Peter Barley, heard testimony from the ASIRT investigator in charge of the shooting investigation, two civilian witnesses and medical examiner Dr. Sam Andrews.
The inquiry, said Barley, would result in no findings of legal responsibility or conclusions of law, it was to identify the date and time of death, circumstances and cause and manner of death.
Detective David Keagan, now a Calgary Police Service (CPS) detective, was, at the time of the shooting, the primary ASIRT investigator in the Canmore shooting.
When asked by Alberta Justice inquiry counsel Jo-Ann Burgess what Keagan’s role was as investigator, he replied he had made background inquiries as to use of force by the RCMP, Boucher’s background, witness statements and scene identification evidence.
According to Keagan, Boucher, a suspect in armed robberies at Siesta Spa (Jan. 8), Oak Barrel Liquor Store (Jan. 9) and Expressions Nails (Jan. 10) in the days prior to the shooting, had been in Canmore about five years and unemployed at the time, though he had worked as a painter.
Keagan had done a records check on Boucher through CPS, investigated whether there had been any previous history with Canmore RCMP, and checked robbery reports as to why the police focus had been on the deceased.
As a civilian oversight operation (ASIRT), Keagan also noted 22 civilian witnesses gave evidence as to the shooting.
After the Expressions robbery the afternoon of the same day, said Keagan, “the robbery was broadcast to Canmore and the RCMP were looking for him. Cpl. Blandford was in Canmore as the senior officer and he directed patrols to go high profile, lights on, to observe people in the area.”
Cst. Sachdev, said Keagan, had been aware that people were watching the police cars with their lights on; except for Boucher, who didn’t look at him. He radioed in that he had a possible suspect. Sachdev followed Boucher’s car and noted that he wasn’t stopping and appeared to be looking for something within his car.
Hearing this, said Keagan, Blandford drove to the area to assist. On Railway Avenue, Sachdev was behind Boucher, while Blandford pulled his car in front of the suspect’s once it stopped at appeared to be turning onto Gateway Street.
At the time, said Keagan, Sachdev’s testimony suggested he had exited his car to give commands to Boucher in his car. Blandford also exited his car and the two RCMP members attempted to direct Boucher.
The RCMP members gave testimony that Boucher exited his car, looked forward, then to the rear of the vehicle, toward Sachdev, raised his arm and pointed at Sachdev. “They initiated fire,” said Keagan, “and he was shot three times. He was handcuffed on the ground and EMS was requested.
“Twenty-two civilian witnesses came forward and without exception, everyone gave similar testimony. One teller (at a nearby bank) was convinced the police were shot.”
Further, said Keagan, “Cst. Sachdev believed he was going to be shot and Cpl. Blandford believed Sachdev was going to be shot.”
Keagan said 11 rounds had been fired and seven recovered. Three struck Boucher. The weapon Boucher had used was a replica Smith & Wesson handgun, available at stores like Canadian Tire, he said. Unless up close, he said, a person couldn’t tell it wasn’t real unless they could distinguish the size of the bore, or that the weapon had no retractable ammunition clip.
Afterward, a search of Boucher’s car revealed clothing and $550 in cash consistent with the robberies.
Asked by Burgess whether the firing of 11 rounds was surprising notable, Keagan said no. “There was an extreme amount of stress on the individuals.”
Then asked by Burgess what Keagan’s training for a similar incident, he replied it is “to shoot at centre body mass (torso) and shoot until the person goes down.”
Asked by Burgess if he was surprised that a number of shots missed, Keagan said Sachdev had been moving to get behind his car while shooting, and pointed out that the road had been snow covered.
Burgess also asked Keagan if he believed Boucher had been trying to get caught or bait the RCMP into shooting him.
There was no evidence to suggest that, said Keagan, who added it was clear Boucher was not an accomplished criminal. The third robbery, “occurred in the afternoon, in downtown Canmore and he was just driving around. It’s not consistent with what we normally see.”
Also giving evidence was Dr. Sam Andrews, who performed the autopsy on Boucher. At the time, Andrews was the provincial deputy chief medical examiner; he now works as an associate medical investigator at the University of New Mexico.
The autopsy took place on Jan. 12, 2011, he said. Boucher was struck by three bullets – in the upper abdomen from the front, the upper left side of the back from the rear and upper right leg from the rear. Two of the bullets exited, while the bullet in his leg remained.
Time of death had been listed at 5:27 p.m. and Burgess asked Andrews how it was more than an hour later. Andrews said it was “possibly after all resuscitative efforts had been made.” As well, said Andrews, Boucher’s alcohol levels were .120 in his blood and .190 in his urine.
When asked the cause of death, Andrews said it was a homicide as Boucher was shot by another individual and the wound “in the upper left back would have been most immediately fatal.”
The inquiry was slated to continue through Thursday (Feb. 7).
