News Release

St. Arnaud Case – Use of deadly force justified, but RCMP investigation inadequate

May 27, 2009

Surrey, British Columbia – After an extensive investigation into the circumstances surrounding the December 19, 2004 shooting death of Kevin St. Arnaud in Vanderhoof, B.C., the Chair of the Commission for Public Complaints Against the RCMP (CPC) has determined that based on the preponderance of evidence, the use of deadly force by RCMP Constable Ryan Sheremetta was justified.

"Constable Sheremetta shot Mr. St. Arnaud in self-defence after reasonably perceiving that Mr. St. Arnaud posed a threat of grievous bodily harm or death," said Paul E. Kennedy, CPC Chair.

Mr. Kennedy also determined that some elements of the RCMP investigation conducted into Mr. St. Arnaud's death were inadequate and below the standard the public expects of the federal force. Specifically, the RCMP failed to secure the scene of the incident, resulting in the contamination of the site by other officers.

Additionally, some elements of the RCMP investigation lacked impartiality and the investigation team failed to follow the RCMP's own Major Case Management Model. These inadequacies caused the CPC to reject some evidence surrounding the shooting incident and accept only highly credible information, testimony and eye witness accounts.

Background

Mr. St. Arnaud was shot in the early hours of December 19, 2004 following a police pursuit which commenced after Mr. St. Arnaud broke into a pharmacy in Vanderhoof, B.C. Two RCMP officers subsequently pursued Mr. St. Arnaud-who was on foot-in separate vehicles through the snow and ice-covered streets and parking lots of Vanderhoof. Constable Ryan Sheremetta eventually chased the suspect on foot to a soccer field yelling at him to stop. Mr. St. Arnaud eventually stopped, turned around and advanced towards the officer, failing to stop. Constable Sheremetta then shot Mr. St. Arnaud three times in the chest.

Constable Sheremetta later recounted that as he was stepping away from Mr. St. Arnaud, he slipped and fell on his back. From this position, he shot Mr. St. Arnaud. This testimony differs from that of RCMP Constable Colleen Erickson, who had just arrived on the scene at the time of the incident. Constable Erickson observed Mr. St. Arnaud charging at Constable Sheremetta and the latter subsequently shooting Mr. St. Arnaud twice while standing approximately two feet away.

An autopsy confirmed that Mr. St. Arnaud had been shot three times in the chest.

CPC Findings

Mr. Kennedy concluded through his investigation of all available credible evidence that Mr. St. Arnaud did in fact pose a threat of grievous bodily harm or death to Constable Sheremetta. Therefore, Constable Sheremetta reasonably perceived that he was shooting Mr. St. Arnaud in self-defence.

In this case, like the vast majority of cases, it is evident that eye witness accounts are not always entirely reliable. Constable Sheremetta's perception of the incident was likely affected by his heightened state of anxiety. Constable Erickson's recollection of the precise details was not perfect either. However, the key circumstances of the shooting were sufficiently corroborated by a biomechanics expert who determined, through analysis of footprints, that Mr. St. Arnaud was moving towards Constable Sheremetta with an increasing stride length.

With regards to the identified deficiencies of the RCMP investigation, the RCMP Commissioner accepted the major findings and recommendations outlined in Mr. Kennedy's report.

The aim of the CPC's review of complaints is to improve the performance of the RCMP and its members by emphasizing best policing practices. In the context of a death in custody or other serious matters in which the police investigate themselves, failing to abide by best practices will inevitably fuel perception that police treat force members more favourably than members of the public.

"A frank acknowledgement of deficiencies or errors, where they exist, serves to establish that the RCMP is not only accountable for its actions but that it is a principled organization worthy of the public trust," said Mr. Kennedy.

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For more information, please contact:
Nelson Kalil
Manager, Communications
613-952-2452
nelson.kalil@cpc-cpp.gc.ca
www.complaintscommission.ca