Calgary officer will not face charges in fatal shooting

CALGARY• The Calgary Police Service officer who shot and killed am an in a hotel room in the city’s northeast almost 1 ½ ago will not be charged with a criminal offence — despite a police watchdog report that recommended he face charges.

The Alberta Serious Incident Response Team ( ASIRT) found “there was available evidence capable of constituting reasonable grounds to believe that an offence( s) under the Criminal Code had been committed” by the officer who shot Anthony Heffernan, pi c - tured, three times in the head and neck, once in the chest and put a fifth round through the window of his hotel room.

But the police watchdog said Monday the Crown determined “there was no reasonable likelihood of conviction and the recommendation was that no charges be laid against the subject officer.”

Heffernan, who was 27 and a recovering drug addict, was shot four times in his room at a Super 8 hotel near the city’s airport.

The man’s father, Pat Heffernan, says his son’s needless death shows people are at risk when they come into contact with police. His mother, Irene Heffernan, says s he had hoped “clear a nd j ust t hi nking would prevail, but it didn’t.”

“It’s a sad day for all Albertans and Canadians alike,” Pat Heffernan said.

“There is no justice in this case.”

“Anthony is dead and anyone else who comes into contact with police is at tremendous risk ... because they are going to be supporting each other in whatever needs to be said.”

The family have long been outspoken about the injustice they feel was done when the 27-year-old was killed.

A relapse into drug addiction put an otherwise successful, loving and loved young man in that hotel room.

Pat Heffernan said his son “was a danger to nobody but himself ” that day in March, 2015. The family has also said investigators told them Anthony Heffernan missed his checkout time and when hotel staff went to check on him, the state they discovered him in prompted the call to police.

Five officers arrived with the intention of a welfare check and attempted to communicate with Heffernan through the latched door for a time before going into the hotel room.

Following kicking in the door, 72 seconds elapsed from the point police were in the room to the point the second Taser and shots were fired.

The man seemed agitated and in medical distress, police have said. When officers went into the room, he held his hands up with a small insulin syringe in one and a lighter in the other, but didn’t comply with orders.

“He was flicking the lighter in what appeared to be an unconscious habit and possibly playing with the plunger on the syringe, although there are differing descriptions as to how the syringe was being held. All of the witness officers stated concerns about the possibility that the syringe might be contaminated and that they might get stabbed or stuck by it,” the report said.

“Although the officers commanded him to drop the syringe, he remained unresponsive, non-communicative, and seemingly unaware. Officers further attempted to communicate with him addressing him by his first name in hopes it would de- escalate the situation; however, their attempts were unsuccessful.”

Heffernan was hit with a Taser at which point police said he made motions toward them. When a second attempt with the Taser failed to stop him one officer decided to fire on him.

“Mr. Heffernan was shot four times, with two bullets striking his head, one striking his neck and one striking his upper torso. Two bullet wounds were penetrating, which resulted in the bullets being recovered from his skull and chest area respectively,” report said.

“Two other bullet wounds were perforating, which resulted in the bullets passing completely through his head. Those bullets were recovered at the scene. It is not possible to determine the exact order in which the wounds were suffered.”

A year after the shooting, Heffernan’s family said ASIRT’s investigation had finished and the file had been sent to the Crown with the recommendation for charges.

“( Monday’s) finding in no way diminishes the sad fact that a family has lost their loved one. On behalf of ASIRT, the executive director extends condolences to the family and friends of Mr. Heffernan in relation to this tragic event,” ASIRT said Monday.

The officer who shot and killed Heffernan returned to duty after clearing a psychological assessment and was later involved in another deadly shooting in Calgary on Jan. 25.