The Province

Delta cop defends deadly shooting

COURT DOCUMENTS GIVE OFFICER’S ACCOUNT OF STANDOFF

- DAN FUMANO dfumano@theprovinc­e.com twitter.com/fumano

A Delta cop who is charged with murder for shooting an armed man in a 2012 standoff fired his rifle “in response to the threat” posed by the “distraught and violent” man pointing his handgun at a group of police officers, recently filed court documents allege.

The court documents, filed on behalf of the Delta constable in response to a civil claim from the dead man’s daughter, paint a more detailed — and substantia­lly different — picture of that morning’s events than described in the daughter’s original claim filed five months ago.

On Nov. 8, 2012, a five-hour police standoff came to an end when Mehrdad Bayrami, 48, was shot and killed outside the Starlight Casino in New Westminste­r.

After a probe by B.C.’s police watchdog, the Independen­t Investigat­ions Office, Crown counsel last October approved a charge of second-degree murder against Const. Jordan MacWilliam­s of the Delta Police — a rare instance of a Canadian cop charged with murder in the line of duty.

While MacWilliam­s’ criminal case works its way through the courts, the constable concurrent­ly faces the civil suit filed by Bayrami’s daughter last November in B.C. Supreme Court, naming the officer and the Corporatio­n of Delta as defendants.

Nousha Bayrami’s notice of claim alleges her father’s “wrongful death” has deprived her of “his love, care, guidance and support,” and that MacWilliam­s is “guilty of gross negligence or malicious or wilful misconduct.”

Her claim alleges that at the standoff’s critical and fatal moment, her father Mehrdad Bayrami was “walking backwards away from the peace officers with both arms by his sides” when MacWilliam­s unlawfully shot him, “suddenly, without warning or justificat­ion.”

This key allegation, and others, are disputed in the defendant’s response to the claim, filed last week.

The response describes the morning of Nov. 8, 2012, beginning with a 911 call from a Starlight Casino employee reporting a frightenin­g scene on the casino’s closed-circuit video system. The casino employee, according to the response, saw Bayrami accost a woman — referred to in court filings as the “Female Victim” — in the casino parking lot, threaten her with a handgun, and fire shots into the vehicle where she was sitting.

In an interview with The Province earlier this week, former casino employee Tetiana Piltsina identified herself as that female victim, and described the incident recounted in the court filings.

When the first officers responded to the scene, the defendants’ statement says, “Bayrami dragged the Female Victim approximat­ely 300 metres” towards Westminste­r Highway, where he stood with her until the arrival of the Municipal Integrated Emergency Response Team (MIERT), which including MacWilliam­s.

“The confinemen­t of the Female Victim ended when she was rescued by Constable MacWilliam­s and two other members of the MIERT,” the response alleges, at which point, the situation evolved into a standoff, with Bayrami alternatel­y pointing his handgun in the air or at his own head. The response filed in court on behalf of MacWilliam­s and Delta describes the standoff as it wore on over the following hours, alleging that:

■ MacWilliam­s was assigned the role of “lethal overwatch” for his team, responsibl­e for providing cover for officers using less lethal force, and he was armed with an AR-15 assault rifle;

■ After a considerab­le time, Bayrami began walking towards MacWilliam­s, holding his gun “with his finger on or near the trigger;”

■ In response, officers deployed “less lethal measures,” including a noise and flash device, and an “AntiRiot” gun firing rubber bullets;

■ Bayrami then moved the gun from “pointing more or less straight up in the air to a position where it was levelled and pointed in the direction of Constable MacWilliam­s, the two officers deploying the less lethal measures, and other police officers;”

■ MacWilliam­s, with a “reasonable fear” that Bayrami would shoot and create risk of “death or grievous bodily harm to himself or others,” fired his rifle.

Bayrami was shot in the abdomen, and died 10 days later in Royal Columbian Hospital, the B.C. Coroners Service reported.

At the time of the shooting, Bayrami was arrestable for at least seven criminal offences, the civil response alleges, including unlawful confinemen­t, dischargin­g a firearm with intent, careless use of a firearm, and failing to comply with “earlier imposed bail conditions with respect to his dealings with the Female Victim.”

Cameron Ward, lawyer for Nousha Bayrami, declined to discuss the case Tuesday.

Jeremy Poole, the lawyer representi­ng both MacWilliam­s and Delta, said: “We are confident that the circumstan­ces we’ve outlined in our response to the civil claim will be borne out by the evidence.”

Poole said he expects there will be some overlap in the evidence heard in both the criminal case and the civil action, and said it’s likely the criminal matter will be resolved before the civil suit has its day in court.

 ?? — CTV NEWS VANCOUVER ?? Const. Jordan MacWilliam­s and his partner leave court following a hearing last year. MacWilliam­s is charged with murder after a deadly 2012 standoff.
— CTV NEWS VANCOUVER Const. Jordan MacWilliam­s and his partner leave court following a hearing last year. MacWilliam­s is charged with murder after a deadly 2012 standoff.

Newspapers in English

Newspapers from Canada