Police cleared after pursuit of man ends in presumed drowning

Suspect on bicycle refused to stop, later slipped into North Saskatchewan River

Two weeks after a man fatally slipped into the icy grip of the North Saskatchewan River after police tried to stop him for a bicycle violation, the officers involved have been cleared by the Alberta Serious Incident Response Team (ASIRT).

The police watchdog was directed April 9 to investigate the circumstances surrounding the drowning and presumed death of the man — whose body remains missing — after officers tried to stop him at 2:17 a.m. that morning as he rode a bike “without proper lighting equipment” in the area of 93 Street and 82 Avenue, a Tuesday ASIRT news release said.

The man — who has not been identified — refused to stop and rode onto a pathway with the officers following on foot.

The city police Air-1 helicopter quickly located the man and the pursuing officers, recording the ordeal with its video system which ASIRT has now reviewed.

None of the officers used force against the man, and none were nearby when he slipped on the river ice.

“During the pursuit, the male can be seen riding a bike without the necessary equipment, which corroborates the officers reasoning for attempting to stop the male,” said the ASIRT release, adding no use of force is shown.

“He is observed leaving his bicycle and running onto the ice pack along the riverbank. While officers are in the area, they are told by the Air-1 flight officer not to follow the male onto the ice due to the obvious danger.”

Air-1 notified the appropriate resources and maintained visual contact with the male before he was seen “running quickly toward the centre of the river before tragically slipping into the open water.

“The male disappeared below the surface of the water before appropriate resources could arrive.”

While ASIRT has ruled out criminal consequences, the case is raising questions about how the enforcement of a bicycling bylaw contributed to the death.

Sarah Rankin, a Calgary defence lawyer originally from Edmonton, said she is not surprised ASIRT opted against charging the officers.

But while there may have been no grounds to believe the officers committed a criminal offence,

Rankin said that doesn't mean the discussion about the appropriateness of the police response should end.

“We don't have really, in law, a moment where the officers involved in this are required to stop and think, ` Wait, what kind of resources are reasonable for a bicycle issue?'” she said. “But we probably should, if you're getting a helicopter involved. ... That's a lot of money, that's a lot of time, that's a lot of manpower.”

Rankin said while little is known about the man who disappeared in the river, his decision to take a chance on the river's ice over police custody speaks to the “traumatic and frightening ” nature of being arrested — especially for people with mental-health issues or prior negative experiences with police.

In an email, ASIRT executive director Michael Ewenson said the speedy resolution of the case was aided by the video from Air-1. Many ASIRT investigations take years as the agency sorts through a long-standing backlog.

“Objective evidence, whether in the form of Air-1 video, body-worn camera devices or in-car video systems, can be extremely helpful to ASIRT investigators,” he said.

“When video does exist that allows for a full determination of the actions of the police, ASIRT will endeavour to provide the public with efficient conclusions.”

Shannon Lohner, chair of the active transportation group Paths for People, was “really disappointed” in the outcome.

Lohner said past analysis has shown marginalized groups are more likely to be ticketed for bicycle-related infractions like riding on the sidewalk or cycling without a bell or lights. Cycling tickets tend to be concentrated in low-income areas and disproportionately affect groups including Indigenous people, Lohner said.

“It's really disheartening to see these rules that — at face value — are used to make sure people are safe when they're cycling, are really ultimately used to impact low-income people, people of colour, which has really serious impacts down the road.”

ASIRT investigates incidents in which Alberta police kill or seriously injure people, as well as serious or sensitive allegations of police misconduct.