Vancouver police officer cleared in shooting death

Crown prosecutors have decided not to lay charges against a Vancouver police officer who shot a man eight times, killing him, more than two years ago.

Paul Boyd, who had a bipolar disorder and was not taking his medication, was killed in August 2007 after police responded to a call of an assault at a bus stop near Granville Street and West 16th Avenue.

Shortly after police arrived, Boyd, 39, started fighting with the officers.

The Crown report on the incident, released Monday, said the officers fought back with fists and batons but eventually one officer shot Boyd eight times as he continued to attack the police and ignore their commands.

"An exhaustive review, involving senior prosecutors within the Criminal Justice Branch, has resulted in the conclusion that there is insufficient evidence to establish that the officer's use of force was excessive in the circumstances," the Crown said in its report.

Boyd 'initially co-operative'

The report noted Boyd could become paranoid and delusional when off his medication. Four days before he was killed, he told his doctor he had stopped taking his drugs and those who knew him had noticed symptoms of his mental illness in the week leading up to his death.

Police were first called the evening of Aug. 13, 2007, after Boyd entered a restaurant and began shouting and waving his arms at a customer. 

When police arrived, Boyd was ordered to drop a hammer he had in his hand. He let go of the hammer and went down to the ground on his stomach.

Though Boyd was initially co-operative and non-combative, the Crown said that quickly changed.

"The first plainclothes officer removed his handcuffs from his pouch and approached [Boyd]. Mr. Boyd suddenly jumped up into a standing position and charged at him while swinging a bicycle chain," the report said.

The "bicycle chain" the report refers to was a link chain with a padlock attached, a  device sometimes used to lock bicycles.

The officer took a step towards him and Mr. Boyd swung at him with [the chain] and struck his head, injuring him and causing him to fall backwards into the street."

Another officer then approached Boyd and the two exchanged punches, with Boyd ignoring commands to get on the ground.

Boyd was struck at least four times with a police baton but continued to punch the officer while still clutching the chain.

'Kept getting up after being shot'

The Crown said Boyd tried to run away and the officers gave chase. One drew his pistol and pointed it at Boyd, who then moved toward the officer holding the gun.

"As Mr. Boyd approached, the officer fired a single shot at him. Mr. Boyd stepped back, fell down onto the road and immediately got back to his feet," the report said.

The officer fired eight more shots, believing Boyd must be wearing body armour. He was not and was struck seven more times.

"While Mr. Boyd was struck and knocked down or partly knocked down by seven shots, he continued to get up and advance or attempt to get up and advance on the officer after each shot," the report said.

Boyd was on his hands and knees when the final gunshot was fired.

"He appeared to be attempting to get to his feet again and the officer fired a shot at his head which caused him to fall to the ground and he did not get up again," the report said.

Discrepancies between police, witnesses

There were 55 civilian witnesses to various parts of the confrontation and, while there were discrepancies between the police version of events and witness accounts, the Crown said there was considerable evidence that Boyd instigated the incident.

Mackenzie declined to comment on the discrepancies.

The B.C. Civil Liberties Association said it was hardly surprising that an investigation led by the Vancouver Police Department did not lead to charges against one of its officers.

"The [Criminal Justice Branch] has acted as judge and jury and prevented this serious set of allegations from going to the truth-finding process of trial, something that simply wouldn't happen for a member of the public," David Eby, executive director of the association said.

"If the outcome was so uncertain it took two years of investigation to come to this point, how can the CJB argue that a criminal conviction was not possible on the evidence?"

David Boyd, Paul Boyd's father, said he was not surprised by the Crown's findings and he understood that from a legal point of view, the officer felt threatened by his son and felt compelled to shoot. He said, however, he does not fully agree with the conclusions reached by the prosecutor's office.

"I think any reasonable person would think there was excessive force being used," Boyd told CBC News on Monday.

Boyd said he hoped the circumstances of his son's death would never be repeated.

"There's a lot of people out there that are mentally ill, and I think it's important to learn how to recognize them and learn how to deal with them," said Boyd. "I think shooting mentally ill people because they're aggressive is not any solution at all."

In a statement, the Vancouver force expressed its condolences to Boyd's family.

"We remain very sensitive to the needs of the mentally ill and their families and make it our highest priority to protect the safety of those in our care and custody," the statement read.

The officer who shot Boyd remains on duty.