B.C. Mountie won't face perjury charges over 2004 testimony
A Mountie involved in a fatal shooting in Vanderhoof, B.C., more than four years ago will not face charges of perjury.
Const. Ryan Sheremetta shot and killed Kevin St. Arnaud on Dec. 19, 2004, after St. Arnaud tried to break into a drug store.
At a coroner's inquest in 2007, Sheremetta testified that he was forced to open fire because St. Arnaud turned toward him aggressively.
'While the evidence raises strong suspicions, it does not meet the criminal test of proof beyond a reasonable doubt.' — Crown statement
The alleged perjury stemmed from Sheremetta's claim under oath that he had previous experience dealing with weapons seizures.
That claim by Sheremetta, who'd been with the Vanderhoof detachment for less than two years, was investigated by police and forwarded to the Crown for a charge assessment.
A statement from the Crown said that while there was no evidence Sheremetta had ever seized weapons prior to the fatal confrontation with St. Arnaud, there was also no evidence that he had not.
"Senior prosecutors with the Criminal Justice Branch have concluded that the available evidence does not support a substantial likelihood of conviction on a charge of perjury," the statement said.
The Crown said that to obtain a perjury conviction, it would have to prove beyond a reasonable doubt that the statements were false, were made knowing they were false, and were made with the intent to mislead.
The Criminal Justice Branch also confirmed its earlier decision that no charges will be laid against Sheremetta in connection with the shooting death.
Sheremetta involved in 21 investigations
"There is no evidentiary basis for changing the original decision of the Criminal Justice Branch that there is not a substantial likelihood of obtaining a conviction against Const. Sheremetta for any criminal offence related to the shooting," the statement said.
The Crown said Sheremetta was somehow involved in 21 investigations that resulted in the seizure of items. But the details around seven of those investigations were lost when the files were purged in accordance with police policy.
"While it is unlikely that any of these purged files involved handgun seizures, as any such files should have been retained if they had, it cannot be proven what was involved in those investigations and seizures," the statement said.
The Criminal Justice Branch also found that Sheremetta did not always make detailed notes of his activities, nor were all seizures that he made reflected in log entries.
"While the evidence raises strong suspicions, it does not meet the criminal test of proof beyond a reasonable doubt, and there is therefore not a substantial likelihood of conviction."