Use of force appropriate
Report into Newfoundland police shooting death
A public inquiry report into the police shooting of a Newfoundland man has found the officer’s use of force was appropriate, but found serious flaws in the RCMP’s investigation of the death.
Inquiry Commissioner Leo Barry’s report released Tuesday said the RCMP was correct not to charge Const. Joe Smyth of the Royal Newfoundland Constabulary for the killing on Easter Sunday 2015.
Smyth told the inquiry he shot Don Dunphy twice in the head and once in the chest after he suddenly aimed a rifle at him at his home in Mitchell’s Brook, about 80 kilometres southwest of St. John’s.
Barry said although Smyth showed “certain errors of judgment” and strayed from his training, there’s no evidence to refute his argument he acted in self-defence.
“Despite some troublesome aspects of his testimony, I received no evidence to refute his version of events and there is forensic evidence to support it,” he said.
He added: “It would be improper speculation to decide whether Const. Smyth may have avoided the need to use lethal force had he not made these errors.”
Barry said Smyth was in Dunphy’s house without lawful authority, because he had not given him enough information about why he was there.
Smyth was a member of then-premier Paul Davis’s security team and visited Dunphy alone and unannounced after Davis’s staff flagged a posting on Twitter.
Barry found the tweet was not a threat, but warranted follow-up.
He said Smyth failed to keep his eyes on Dunphy, particularly his hands.
Barry also concluded there’s no evidence to support a theory by Dunphy’s daughter that Smyth may have mistakenly thought a stick her father kept by his chair was a rifle.
“One question which remains unanswered is what motivated Donald Dunphy to move from being a participant in a cordial conversation to an agitated state in which he pointed a rifle at the police officer and left no opportunity for deescalation,” said Barry.
“Unfortunately, this question remains unanswered after considering all interviews, hearings, witnesses, and exhibits.”