The BC Coroners Service has announced that a public inquest will be held in February to examine the circumstances that led to the death of a 51-year-old Vancouver man who was shot by police in 2014 in the southeast part of the city.
Phuong Na (Tony) Du died Nov. 22, 2014 after he was shot while in the intersection of 41st Avenue and Knight Street. Witnesses told investigators Du was waving a two-by-four at officers before they fired rounds from a beanbag shotgun and pistol at the man, who had a history of mental illness.
The incident occurred just before 5 p.m. in the late afternoon rush hour.
The Criminal Justice Branch of the B.C. government announced in February that it would not approve charges against two of the officers involved in the shooting. The justice branch reviewed the case after the Independent Investigations Office completed its investigation of the shooting.
“There is no substantial likelihood of conviction with respect to the offences of murder, manslaughter, or any other potential charges relating to the police use of force in this incident such as charges of assault with a weapon or assault causing bodily harm,” said the justice branch’s report, which prompted a rally outside the Vancouver Police Department to protest the Crown’s decision.
The inquest, which is scheduled for Feb. 5, 2018, is mandatory under the Coroners Act. A jury will hear evidence from witnesses under oath to determine facts surrounding Du’s death. The jury can make recommendations aimed at preventing similar deaths but it cannot make “any finding of legal responsibility or express any conclusion of law,” according to a news release the Coroners Service issued Nov. 17.
The justice branch determined that use of force by the officer who fired “several” beanbag rounds from a shotgun at Du was “reasonable and not excessive.” The report concluded the officer who fired three rounds from his pistol at Du did so to protect his partner, and that it was “objectively reasonable in all the circumstances.”
The justice branch said Du had “a reported history of mental illness dating back to 1988.” Hospital records indicated he was hospitalized “on more than one occasion for auditory hallucinations telling him to kill himself.” In 1999, Du was diagnosed with schizophrenia or schizoaffective disorder.
“The suspect’s sister saw him on the day of the incident, while she was visiting their mother,” the report said. “The suspect was ‘talking lots and was angry.’ He said he wanted to die, but he had said things like that before. The suspect would yell sometimes, but he was never violent.”
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