RCMP officer not liable for fatally shooting Thompson man, defence documents say
CBC News | Posted: April 6, 2018 9:00 AM | Last Updated: April 6, 2018
Statement of defence claims Abram Letkeman 'acted in accordance' with his police duties
An RCMP officer accused of manslaughter, who is facing two lawsuits after fatally shooting a Thompson man and injuring a woman in 2015, was justified in using lethal force, according to a statement of defence filed on his behalf.
Steven Campbell, 39, was shot and killed Nov. 21, 2015, after RCMP Const. Abram Letkeman fired at the vehicle Campbell was driving. Shots also hit Campbell's girlfriend Lori Flett, causing serious injuries.
Letkeman was later charged with manslaughter, criminal negligence causing death, reckless discharge of a firearm, criminal negligence causing bodily harm and dangerous driving causing bodily harm.
Last fall, Flett filed a lawsuit in against Letkeman, the RCMP and the attorney general of Canada for damages related to injuries she suffered after being shot in the head.
Flett suffered bullet fragments in her brain, facial paralysis, loss of hearing, challenges to her balance and "severe ongoing mental distress," according her statement of claim. She told CBC News in March of 2017 she still has dizzy spells, and will never regain hearing in her left ear.
Campbell's mother, Shirley Huber, also sued for damages as a result of her son's death.
Both lawsuits allege Letkeman's actions while on duty mean the RCMP and Canada's attorney general are "vicariously liable" for what happened.
Officer 'authorized' to use the force he did
The statement of defence filed on behalf of the attorney general, RCMP and Letkeman, denies that the officers actions breached his duties "as alleged or at all."
According to the documents, Letkeman was on patrol, alone, in the early morning hours of Nov. 21, 2015 when he attempted to stop Campbell's vehicle for driving erratically. It's alleged, Campbell sped away but was eventually stopped by Letkeman.
When the officer got out of the vehicle, the statement of defence claims Campbell's vehicle "accelerated and hit" Const. Letkeman. The officer then fired his weapon at the vehicle, killing the the driver and injuring the passenger, the documents said.
Steven Campbell caused Const. Letkeman to perceive him as a life-threatening threat - Statement of Defence
"Letkeman was authorized at law to use the force that he did in protecting himself, and others, from the apparent threat posed by Steven Campbell," the statement of defence filed in both lawsuits states.
According to the documents, Letkeman use of force was based on his belief that it was necessary to protect himself and others from imminent death or bodily harm and to prevent Campbell "from committing or continuing to commit an offence which would cause immediate and serious injury to himself or others, including his passengers."
The statements of defence claims Letkeman had a duty to the public to ensure public safety and he "acted in accordance with his recognized duties."
19 Manitobans killed by police since 2000
In response to Flett's lawsuit, the statement of defence claims she was negligent in causing her own injuries for reasons including entering a vehicle she knew, or should have known, was being operated by an impaired driver and failing to warn the driver not to drive his vehicle toward the officer.
The documents also argue Campbell was negligent in causing his own death by driving erratically, driving impaired, failing to stop his vehicle when signalled to do so, driving toward the officer and hitting Letkeman with his vehicle.
"As a result of these acts and omissions Steven Campbell caused Const. Letkeman to perceive him as a life-threatening threat … causing Const. Letkeman to respond with lethal force."
The defence documents request the claim be dismissed with costs.
According to a recent CBC analysis, Campbell is one of 461 victims killed by police in Canada, and one of 19 people killed in Manitoba, between 2000 and 2017.
Of the 461 cases in the database, CBC could only identify 18 cases where criminal charges were laid against an officer. Of those cases, two resulted in convictions.
Some of the cases CBC documented, including Letkeman's, are still before the courts.