No charges to be laid against RCMP officers in airport Taser death

None of the four RCMP officers involved in the Taser-related death of Polish immigrant Robert Dziekanski will face criminal charges, Stan Lowe, the spokesman for B.C.'s Criminal Justice Branch, confirmed Friday morning in Vancouver.

Dziekanski, 41, died in the secure arrivals area of Vancouver International Airport on Oct. 14, 2007, moments after he was shot with RCMP stun guns. His death ignited an international debate about the police use of stun guns.

Lowe said Friday that, after a full examination of the evidence, Crown prosecutors found it fell short of the test needed to apply criminal charges.

"In light of this independent evidence … there is not a substantial likelihood of conviction in this case for any of the offences considered. In fact the available evidence falls remarkably short of that standard. Accordingly, the Criminal Justice Branch will not be approving any charges in relation to this tragic event," said Lowe.

Tasers deployed 5 times

According to a report released by Lowe on Friday, the officers used their Tasers on Dziekanski a total of five times, but only three attempts appeared to be successful in administering a shock.

'I am so angry. I am so surprised that they made a decision like that. I am disappointed.' — Zofia Cisowski, mother of Robert Dziekanski

Three forensic pathologists concluded that Dziekanski did not die as direct result of a cardiac arrest brought on by the electric shock from the stun guns, the report said.

Instead the pathologists concluded Dziekanski likely died as a result of cardiac arrest linked to a condition the report called Sudden Death Following Restraint.

That condition was brought on by a combination of:

• Heart disease due to chronic alcohol abuse.
• An agitated state of delirium.
• The stress of the physical restraint worsened by the deployment of the Taser.
• A decreased ability to breathe as a result of being restrained.
• Alcohol withdrawal.

Two medical experts concluded Dzeikanski's irrational and aggressive behaviour before his death was result of a hysterical fear of flying, lack of sleep over a 30-hour period, and dehydration, which would have placed him at increased risk for sudden death, the report said.

Sudden Death Following Restraint usually involves individuals who are restrained after exhibiting combative and bizarre behavior. As a result, said the report, cases often involve law enforcement personnel.

Use of force within guidelines

The report also included the finding of a use-of-force expert brought in from a separate police department by the RCMP to investigate the conduct of the officers.

That officer concluded the four RCMP officers involved were acting with their legal duties to detain and restrain Dziekanski and their actions "represented a reasonable escalation and de-escalation of force based on the actions of the subject."

The report noted Dziekanski had been acting extremely irrationally before the officers arrived, and that after first appearing to calm down, he grabbed a stapler and held it out.

At that point one of the officers deployed his Taser three times on Dziekanski, the report said.

The report also detailed how before Dziekanski left Poland on a flight from Poland via Germany to take up residence in Canada, he became extremely distressed and ill at the prospect of flying.

After eventually boarding the flight, he arrived in Vancouver about 20 hours later, where he waited for 10 hours in the airport's secure customs and immigrations arrival area.

During that time, he made contact with several airport and customs officials, but because he spoke limited English, he was unable to communicate effectively with anyone that he was expecting to meet his mother at the airport .

Then around 1 a.m. PT, he began acting extremely irrationally and violently, attempting to smash the glass windows and furniture in the airport arrivals lounge.

The four RCMP officers then arrived, and fired on him with a stun gun within 30 seconds.

The RCMP subsequently made several public assertions about the incident that were proven false by a video recording made by a bystander, including the number of times the Tasers were deployed and the extent to which Dziekanski resisted arrest.

Mother 'angry' and 'disappointed'

Zofia Cisowski, Dziekanski's mother, said Friday that she was "surprised" and "disappointed" about the Crown's decision.

"I am so angry. I am so surprised that they made a decision like that. I am disappointed," Cisowski told CBC News.

Cisowski also said it's unfair to her son that the Crown stated on Friday that he was going through alcohol withdrawal when he was jolted by the Tasers.

The Crown was trying to imply that her son was alcoholic, which he was not, Cisowski said.

She said her son was never a frequent drinker in Poland. The social culture in the construction industry, where he worked for five years, involved drinking with peers, but Dziekanski never indulged in alcohol.

Cisowski said she remains committed to seeking the "truth" behind what happened to her son, and is looking forward to the second phase of a public inquiry that has been looking into the use of police Tasers and the circumstances surrounding Dziekanski's death.

The provincial government appointed former B.C. Supreme Court judge Thomas Braidwood to conduct the public inquiry.

Braidwood said in November that the inquiry had been postponed twice because the B.C. Crown had not decided whether charges would be laid against the four Mounties involved in the Taser incident.

Following the Crown's announcement Friday that it would not lay charges, the RCMP said its four officers will take part in the inquiry, scheduled to begin Jan. 19.

RCMP Supt. Wayne Rideout said two of the four officers have since been transferred to the East Coast, while the other two remain with the force in B.C.

One of the two officers in B.C. is facing a charge of impaired driving causing death in relation to a fatal crash in October in Delta, near Vancouver. He has been suspended with pay.