Lawful execution of duties

Reasons given for clearing police of charges after Valemount standoff

The B.C. Prosecution Service provided details Friday on why it will not pursue charges against an RCMP emergency response team after the shooting death of a man in a standoff southeast of Valemount three years ago. John Ruben Buehler was killed and his daughter, Shanna, seriously wounded during the evening of Sept. 17, 2014 when the ERT was called out to Kinbasket Lake, 120 kilometres southeast of Valemount.

In a statement, the BCPS said it is clear the officers were engaged in the lawful execution of their duties and subjectively believed that lethal force was necessary to protect themselves from being shot by either of the two.

Trouble with the pair began in early June 2014 when John Buehler blocked a public trail near Valemount with his camper then threatened to kill a woman and her daughter when they came across the scene.

After a three-hour standoff, RCMP arrested him and seized three rifles, two shotguns and a handgun, all loaded, and further rounds of ammunition. Buehler was let out on bail but failed to appear in court in early September.

Instead, Buehler, his daughter and a half- dozen German Shepherd dogs were found squatting in a trapper’s cabin near Kinbasket Lake, accessible only by forest service road and water. The cabin’s owner gave them a week to leave while also alerting police.

The Buehlers were still there by the time the deadline had passed and police were called in. By that time a bridge on the road to the cabin had been set alight and its wooden beams sawed 90 per cent through.

Police, meanwhile, positioned a dead tree across a laneway Buehler used as he moved about the property on an ATV in the hope he would put his weapon down to move the deadfall.

On the evening in question, both Buehlers left the property on their ATVs, both armed with rifles, and RCMP moved in to intercept the two on their return to the cabin.

Two officers covertly watched them at the deadfall and heard John Buehler say “They’ve set up an ambush” and “I bet you they fixed the bridge.” After scanning the treeline with their flashlights and their rifles, the Buehlers moved on.

When they returned, Shanna Buehler stopped on the laneway about 30 metres from the cabin while John Buehler continued on. As he reached a clearing, RCMP simultaneously fired off flash bang distraction devices and a bean bag shotgun and told Buehler he was under arrest.

In response, Buehler speeded past the cabin and turned behind a woodshed. Three officers quickly followed him around the corner and Buehler, now off his ATV, turned towards them and pointed his rifle.

Two of the officers fired and as Buehler dropped to the ground, he appeared to be still trying to fire on the police. The third officer let off three rounds and Buehler died as a result of a gunshot wound to his chest.

Other police, meanwhile, had turned towards Shanna Buehler. Initially she remained on the driveway near her ATV but as officers neared, she tried to hide behind a fallen tree. When told she was under arrest, Buehler complied at first but suddenly stopped, crouched down, retrieved her rifle and pointed it at police.

An officer shot her three times from about 7-10 metres away. Two of the gunshot wounds were superficial but one entered her chest, traversed her lung and struck her liver.

However, she recovered from the injury, although she still feels some of the effects and in late November she was sentenced to 18 months probation.

During the sentencing hearing, the court was told John Buehler was a violent and abusive man who had come to believe he was a prophet of God and that the end-time was nearing. He also kept a tight leash on his daughter, who was 21 years old at the time, and dragged her into the situation, according to Crown counsel, who described her as a victim as much as she was a perpetrator.

The BCPS said in October 2016 it would not be pursuing charges but held off on providing reasons until the daughter had been sentenced.

Court was told John Buehler was a violent and abusive man who had come to believe he was a prophet of God and that the end-time was nearing.