The Alberta agency tasked with investigating the police-involved shooting death of a mentally ill Vancouver man in 2007 has concluded its investigation and turned over its report to B.C.s criminal justice branch.
Clifton Purvis, executive director of the Alberta Serious Incident Response Team, said it is now up to the criminal justice branch to decide whether any recommendations or charges are warranted in the case involving the death of 39-year-old Paul Boyd.
Its one step closer to conclusion, Purvis told the Courier Tuesday. I dont think anybody ever wants [this investigation] to be done again, so we had to make sure that we did as thorough a job that could humanly be done.
The criminal justice branch, which received the report Tuesday, has appointed a special prosecutor, Mark Jette, a senior Vancouver lawyer, to review the new report.
Given that the criminal justice branch had reviewed the original investigative report from the Vancouver Police Department and concluded that no charges would be approved, [the assistant deputy attorney general] concluded that it was necessary to appoint a special prosecutor to avoid any potential for real or perceived improper influence in the administration of criminal justice in reviewing the investigative report which has been submitted by ASIRT, said a statement from the criminal justice branch.
In May 2012, the provincial government requested the Alberta agency investigate the case further after amateur video surfaced showing Vancouver Police Department Const. Lee Chipperfield firing his gun at Boyd.
The grainy, dimly lit video, which was filmed by a Winnipeg tourist, showed Boyd crawling unarmed on his hands and knees towards Chipperfield and other officers near the intersection of Granville Street and West 12th Avenue.
An SUV stopped on Granville Street obscures the final shot but it is clearly heard on the video, which was filmed by Andreas Bergen, who said he released the video after learning the Office of the Police Complaint Commissioner cleared Chipperfield of any wrongdoing.
When we overlayed the new evidence, which was this video tape, we had to overlay it over all the information that had been discovered previously and determine if it had any impact on previous witness accounts or statements or the opinions of experts, said Purvis, when asked why the investigation took more than one year to complete.
Boyds father David was informed last week that a report was forwarded to the criminal justice branch. But, he said, the investigator wouldnt discuss whether any recommendations or charges were expected.
Boyd said his hope was the investigation would clearly reveal enough evidence to have the criminal justice branch recommend charges against Chipperfield.
Boyd said he believes there is already enough evidence to lay a charge and the video only bolsters the case against Chipperfield, although he has his doubts about the outcome.
If it comes to the same conclusion as before, which is what I suspect given the actions of these people, then how much further are we? he told the Courier, noting there were more than 100 witnesses to the incident. And many of them saw exactly what happened and said he was crawling, he was unarmed, he was bleeding and he was shot.
Paul Boyd, who suffered from bipolar disorder and associated paranoia, was killed after a series of events on Aug. 13, 2007 that escalated to Chipperfield firing his gun nine times in 81 seconds at Boyd.
Eight of the bullets struck Boyd. Police testified Boyd was swinging a chain at them and refused to stop advancing on the officers.
The case was essentially closed after the Office of the Police Complaint Commissioner concluded in March 2012 that Chipperfield did not use unnecessary or excessive force in the incident.
Chipperfield told investigators and testified at a coroners inquest that he shot Boyd in the head with the last shot because he still believed him to be a threat and potentially wearing body armour, which he wasnt.
Police first responded to the area after receiving a report of an assault, which turned out to be false but Boyd was heard yelling in the background.
When police arrived, they said Boyd was clenching a hammer. He dropped it after one of the officers drew his gun. The officer attempted to put Boyd in handcuffs but Boyd grabbed a bike chain with a lock attached to it and struck the officer in the head.
David Boyd disputes some of the evidence, saying he doesnt believe his son had a hammer or was using the type of chain as described by police.
He said his sons notebook revealed he was in the area to visit a medical clinic, although he believes it might have been closed, which likely upset him.
When then-minister of justice Shirley Bond requested the Alberta agency re-open the Boyd case, she said it was being done because it is essential that British Columbians have confidence in their police.
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