The Alberta Serious Incident Response Team (ASIRT) has concluded its investigation into a 2022 police-involved shooting in Whitehorse without recommending any charges be laid.

The ASIRT team is under contract to the Yukon government to investigate incidents involving territorial police officers.

In a report released last Friday, investigators concluded, “After a thorough, independent and objective investigation, it is my opinion that the officer was lawfully placed and acting properly in the execution of his duties.

“There is no evidence to support any belief that he engaged in any unlawful or unreasonable conduct that would give rise to an offence.

“ASIRT’s investigation having been completed and our mandate fulfilled, I have concluded our file.”

The case relates to an incident where both a Yukon RCMP officer and a suspect were shot on Sept. 28, 2022.

“Officers with the Whitehorse RCMP were looking to arrest a man identified as Sheldon Kopeke on outstanding warrants,” the report notes.

“The RCMP Emergency Response Team (ERT) was brought in to assist in the arrest.

“At approximately 7:30 p.m., the suspect was identified entering a vehicle that was parked in front of a residence.

“The vehicle started to back away from the residence and a traffic stop was initiated by ERT officers. (The suspect) exited the vehicle and fled into a nearby property, at which time ERT officers lost sight of him.”

The report’s description of the incident continued by stating the subject officer (SO) was conducting containment on the northeast corner of a nearby property from where the suspect fled.

That officer saw the suspect running south along the property line toward him. They met at the property line and an altercation ensued that resulted in the officer discharging his police-issued carbine 10 times at the suspect, who fired three rounds from a 9-mm handgun.

The suspect fell to the ground, but then stood back up, and the officer fired two more rounds.

The altercation resulted in the officer suffering a single gunshot wound, while the suspect suffered multiple gunshot wounds.

Neither individual died as a result of their injuries.

The suspect said he was running with a gun which went off unintentionally, and that it was not his intent to shoot the officer.

Medical records for the suspect confirmed that he had multiple gunshot wounds:

1) entry sites identified in left shoulder (multiple), left upper arm (single) and left forearm (multiple) resulting in severely comminuted left humeral head fracture with related left glenoid fracture;

2) entry sites to right forearm (multiple) and hand (multiple) resulting in severely comminuted fractures to right hand with multiple lacerations, bone loss and likely median nerve damage;

3) 3 x entry sites to right anterior chest and l x entry site to right lateral chest,

4) 2 x entry sites to epigastrium – l x penetrated fascia to cause laceration to left lobe of liver, and

5) multiple entry sites to left lower leg.

The suspect underwent surgery for his injuries and remained in hospital for a short period of time.

In an interview, the officer involved recounted his version of the events.

He said his mind registered that the suspect had a gun in his hand, but he had no description of it.

The officer immediately started to fire his carbine, then felt pain in his right leg and had heard what he thought were two rounds fired.

The officer believed he had shot approximately five or six rounds at AP while he was trying to reposition himself.

The officer then noticed that the back of his pants on his right leg was covered in blood, with a hole on the inside of the pant leg.

Being a police medic, he was aware that a major artery ran in this area of his leg, and he was concerned that blood loss could be life-threatening to him.

He put his carbine down, removed a tourniquet he had, and started to apply to it his right thigh.

However, before he could complete it, he observed the suspect rise up and saw that he was attempting to climb over a fence which would have brought him into the property to the southeast.

As a result of all of this, he believed that suspect still posed a deadly threat, so the officer raised his carbine and fired approximately three rounds at him.

Shortly thereafter, a number of officers came around into the yard. He gave them his duty to account, saying he had been shot and that he had shot the suspect.

The report stated that under s. 25 of the Criminal Code, police officers are permitted to use as much force as is necessary for the execution of their duties.

Where this force is intended or is likely to cause death or grievous bodily harm, the officer must believe on reasonable grounds that the force is necessary for the self-preservation of the officer or preservation of anyone under that officer’s protection.

A police officer’s use of force is not to be assessed on a standard of perfection nor using the benefit of hindsight. the report concludes.