I think a civil action is needed now too
Crown says death of man at Vcr airport not directly caused by Taser
VANCOUVER, B.C. — The B.C. Crown says there will be no charges against four RCMP officers involved with Robert Dziekanski, who died after he was stunned by a Taser at Vancouver airport last fall.
Crown spokesman Stan Lowe said Friday that Dziekanski was jolted five times in total but the cause of death was sudden death following restraint, and not directly caused by the Taser.
A bystander's video of Dziekanski dying was released a few weeks later and has been seen by people around the world on TV and the Internet.
The video shows the four RCMP officers confronting the confused and agitated man, and seconds later using the stun gun on him.
Dziekanski died on the floor of the airport in the early hours of Oct. 14, 2007, as officers kneeled on the still-struggling man.
The incident prompted several investigations, including a public inquiry beginning in January that will examine Dziekanski's death.
Lowe said the stun gun used on Dziekanski initially malfunctioned, and the probes didn't stick to him. He was hit twice by the Taser while he lay on the ground, struggling with officers.
An autopsy showed no drugs or alcohol in Dziekanski's system but did show signs of chronic alcoholism.
Prosecutors say he may have been in the grips of alcohol withdrawal, dehydrated and hysterical.
A pathologist speculated those factors caused delirium that may have contributed to his heart stopping, along with being hit by the Taser and being restrained.
Lowe said the charge assessment went through three levels of approval, which concluded there was no likelihood of conviction against the officers involved.
He said the actions of the officers may be seen as having contributed to his death, but they are considered lawful.
Dziekanski's death, and the shocking video of his last moments, focused attention on the use of Tasers by law enforcement officers.
The B.C. public inquiry that got underway earlier this year looked at the general use of conducted-energy weapons by law enforcement. It will continue in January with a second phase looking specifically at Dziekanski's death.
After the Crown announcement, Assistant RCMP Commissioner Al MacIntyre said the force respects the findings of the Crown.
He noted that several layers of investigation remain, among them the B.C. public inquiry and a pending coroners inquest.
MacIntyre said the Mounties have made changes to their policies on the use of Tasers since the incident, and are prepared to make further changes if needed.
He said there has been a lot of emotional debate around the use of Tasers but he says facts, not emotion, should guide the debate.
