Steven Rigby pointed his gun toward officers, investigator testifies at Saskatoon inquest
Guy Quenneville | CBC News | Posted: June 22, 2021 6:04 PM | Last Updated: June 22, 2021
Warning: this story contains content some readers may find disturbing
The Saskatoon police officer who investigated Steven Rigby's death in a police-involved shooting involving other members of the force says Rigby pointed his gun toward officers before they fired on and fatally wounded him.
A coroner's inquest this week is probing the circumstances of Rigby's death on the outskirts of Saskatoon on Dec. 22, 2018.
The mentally-ill 27-year-old was armed and threatening himself and officers, according to a police release at the time. He fired his gun and officers fired back after perceiving a threat.
Sgt. Tony Boensch of the Saskatoon Police Service's major crimes unit investigated the incident and was the first witness to testify on Day 2 of the inquest. He interviewed the members involved in the incident.
Boensch walked through a summary of his findings about who did what that night. He also narrated two dashcam videos of the incident viewed from a distance by jurors and others attending the inquest.
Gun pointed toward the members' locations: investigator
Boensch said police were responding to a report that Rigby was suicidal. Shortly before 9 p.m. CST, Rigby's car was disabled near a roadblock set up by members of the Saskatoon police and the RCMP.
There was a lack of co-ordination at the scene between the two police agencies, Boensch said.
"There was a little bit of confusion for Mr. Rigby because the RCMP members were at the traffic stop, giving him commands to exit the vehicle, and on the other end, on his Bluetooth, Saskatoon Police's crisis negotiaton team were telling him to stay in the vehicle," he said.
After 9 p.m., Rigby pointed his gun in the air, fired several shots and did not listen to orders to drop his gun, Boensch said.
"Members observed Mr. Rigby point the handgun toward the members' locations," though Rigby never fired his weaon, Boensch said.
Three Saskatoon police officers shot at Rigby, sending him to the ground. Boensch identified the shooters as Cst. Macauley Senger, Cst Joel Lalonde and former officer Nathan Lynchuk, who made headlines two months ago after he said he quit the force because of differences over COVID-19 rules.
"Police members began to approach Mr. Rigby, but as they neared him, they observed him still holding the handgun with his finger on the trigger. They also observed his body moving," Boensch said.
One video shows the officers backing away from Rigby in unison.
After several minutes, armed officers re-approached Rigby with an armoured vehicle and he was disarmed and unresponsive. They found a .22-calibre pistol with one round in the chamber and six others in the magazine.
Paramedics moved in and put Rigby inside an ambulance.
A K-9 dog could be heard barking at various points of both videos.
Under cross-examination by Scott Spencer, a lawyer representing the Saskatoon Health Authority, Boensch said he did not believe less-lethal tools such as beanbag shotguns and rubber bullet were available to officers at the scene.
"Doesn't that strike you as a bit of problem?" Spencer asked.
"In this situation, that would have been great to have," Boensch replied.
Less-than-lethal takedown attempted by RCMP
A member of the RCMP who dealt with Rigby on that cold, dark night also spoke of what might have been.
Cpl. Dean Flaman was one of the officers stationed at a roadblock meant to block Rigby from entering the city. He was the fourth inquest witness on Day 2.
In his 20 years with the RCMP, he has not received any formal mental health training, even as the number of calls involving it is increasing, he said.
Flaman said he was aware Rigby was armed and was told by his dispatcher that were mental health issues at play.
He and another RCMP officer came up with a plan.
Rigby asked for a cigarette at one point, but the officers didn't have any. They did have a lighter and attempted to throw the lighter just short of Rigby's car so that he'd have to get out of his car.
The plan was to take Rigby into custody through less-than-lethal means — maybe tackle him, Flaman said.
"Unfortunately, the ground was very hard and frozen and it bounced right to Rigby's car," Flaman said, before getting emotional. A break in his testimony was called.
Flaman was asked about other non-lethal options. Tasers are only effective within 20 feet and Rigby never got out of his car when interacting with the RCMP, Flaman said.
Flaman became aware the RCMP's presence was aggravating Rigby, who was on the phone with his friend Const. Jordan Lapointe, a member of the Saskatoon Police Service who was being advised by crisis negotiators.
At that point, "I adjusted my game plan and said much less to lessen the confusion," Flaman said.
No issues found with shooting investigation: lawyer for police
Brian Pfefferle, the lawyer representing Rigby's family, questioned Boensch about why the Saskatoon Police Service investigated itself, as opposed to a different police agency coming in to probe the shooting.
Boensch said that was the practice for the police service at the time, noting that an independent, civilian-run agency to investigate police-involved deaths or serious injuries in Saskatchewan will soon launch in the province.
Ashley Smith, the lawyer representing the police service, also noted that an independent investigation observer (who is typically a former police officer) was appointed by the provincial Ministry of Justice to oversee the shooting investigation.
The observer found no issues with the investigation, she said. Boensch agreed.
Saskatchewan prosecutors did not recommend criminal charges against any officers, Smith added.