Crime & Punishment

Crime and justice comment and analysis

Posts Tagged ‘casino

More positive signs of change at the IIO

with 9 comments

Earlier this week the Independent Investigations Office (IIO) released a report that analyzed their investigation in the Nov. 8, 2012 police involved shooting at the Starlight Casino in New Westminster by Delta Police Cst. Jordan MacWilliams.  The analysis was conducted by retired RCMP Supt. Doug Kiloh who has much Major Case Management (MCM) experience but he also had expertise in ERT tactical procedures. Which, I might add, no one involved in the actual investigation had.

On October 20, 2014 MacWilliams was charged with second degree murder. The charges were finally stayed on July 14, 2015.

Regular readers will know that much has been written on this case in which I was very critical of the IIO’s investigation and questioned their competence in many aspects and on many occasions.

The Delta Police Association wrote a letter of complaint to the IIO essentially saying their investigation was flawed and also questioned their competence. The IIO, to their credit, then commissioned the review by Kiloh.

Kiloh’s 15 page report is very critical of the IIO but does note that in the intervening time a number of things have changed. But he also makes a number of recommendations involving training, investigative techniques, evidence management, MCM protocols and enhanced training.

Kiloh also focused on two salient events from the IIO investigation. One was that investigators never spoke to the female taken hostage that morning. I surfaced her and interviewed about six months after the charge was laid against MacWilliams. I also surfaced the fact that the IIO never asked casino security for their video. Casino security burned a DVD for the New Westminster police and the coroner. They got their copies but the IIO never  asked.

When I asked why the IIO never bothered to touch these basic but critical things to understand what happened, I was told that the IIO doesn’t concern themselves with what led up to the Affected Person’s interaction with police but just the actual interaction. I was stunned.

Well, evidently Kiloh was equally stunned. He deals with these failures and others in his report.

The new Chief Civilian Director, Ron MacDonald, put out a statement corresponding with the release of the Kiloh report. In it he said, “I have accepted the conclusions and recommendations outlined in his report, which is attached, in their entirety.”  He goes on to say than many of the recommendations have already been undertaken.

He then said this: “As the Chief Civilian Director of the IIO, I am focused on ensuring our investigations are carried out in as excellent and timely a manner as possible. We will always work to improve where necessary. This report and our response to it is an example of how the IIO is prepared to receive feedback and acknowledge weaknesses, recognize the need to improve, and make the needed changes.”

Well, that’s diametrically opposed to the first CCD, Richard Rosenthal

Considering the new CCD said he accepted the conclusions and recommendations “in their entirety,” I sent the following question yesterday to Marten Youssef, the IIO’s Director of Public Engagement:

If, in fact, the IIO accepts the report and recommendations “in it’s entirety,” that leads me to a very salient question. In the Starlight Casino investigation I surfaced the female hostage who was not interviewed by the IIO and the fact that casino security had burned a DVD of all of their video for the IIO but was never asked for it. Kiloh refers to both these matters as failings.

At the time when I questioned these things I was told by the IIO, I believe it was you, that was because the IIO was only interested in the limited focus of the police interaction with the Affected Person and not in circumstances that led up to that interaction.”

Youssef forwarded that enquiry to the new CCD who responded himself.

Here is his pasted response intact:

I have reviewed your email regarding the report about the Starlight Casino shooting. That report is about a five year old investigation, and the report notes several issues with that investigation. While it was important for us to release the report to publicly acknowledge those issues, and to demonstrate transparency to the public, at this point  my goal is to focus on the approach the IIO takes going forward.

In that sense you refer to the fact that the whole of the circumstances of an incident ought to be relevant in our investigations, not just the immediate interaction between the police and the AP.

To put it simply, I agree with you, and that is indeed the approach we take in our investigations. Not only can that context assist in an assessment of police actions, it will help explain the entire fact situation to the public.

I hope that addresses your questions.

Take care.

Ron

Well, well. Rosenthal never responded to my questions in his four years as CCD, let alone admit I was correct on any issue let alone such a salient one.

There are positive winds blowing at the IIO with this new guy at the helm.

One last point, Earlier today the Criminal Justice Branch released a report saying there would be no charges in an event at West Shore RCMP jail in which the arrestee, very drunk, was fighting with three members and taken to the floor when she sustained an injury. The whole thing is on video as you might imagine.

This occurred four years ago and the decision was only released today. Four years. The new CCD talks about timely investigations. Clearly this was not a priority of the previous administration. So, far he is talking the talk and walking the walk with two recent events that have taken place since he assumed the mantle were cleared in two months and one month respectively.

There were a couple more in the past couple of weeks. We shall see how the new IIO does with those.

I’m hopeful right now that MacDonald has forced the IIO to turn a corner. Early signs are promising.

-30-

Leo Knight

@primetimecrime

Advertisements

Written by Leo Knight

March 23, 2018 at 10:39 pm

The irony of the IIO

with 5 comments

“Don’t underestimate the value of irony—it is extremely valuable.”
Henry James

The irony is delicious.

Following the November 2012 fatal shooting of an armed hostage taker who had fired shots at the Starlight Casino by Delta Police Constable Jordan MacWilliams, part of the Municipal Integrated Emergency Response Team (MIERT), was charged with murder by the Criminal Justice Branch (CJB) following the incredibly flawed investigation by the then-fledgeling Independent Investigations Office (IIO).

How flawed? Beyond belief. They never even interviewed the female hostage who was shot at, dragged and had a gun held to her head in the incident. They never asked for the video from the casino security staff itself who had the whole incident recorded. Casino security staff, who watched events unfold live on monitors and called 9-1-1, burned a DVD for the New West police who asked for and received it. They burned a copy for the Coroner’s office who asked for and received it. They burned a copy for the IIO who never asked for it. Stunning.

MacWilliams as one of the first officers for the MIERT who responded to the shots fired/ hostage taking call at the casino. The perpetrator had been waiting for a female casino employee to arrive for work and fired three shots at her before dragging her from her car and about 500 metres down the sidewalk toward the entrance when New Westminster PD units arriving to the 9-1-1 call from casino security boxed him in in the parking lot. The call to the MIERT went out.

Less than an hour into the stand-off, MacWilliams and another officer noticed the female hostage managed to separate herself from the armed man and they immediately broke cover and put themselves between the hostage and the assailant with weapons drawn, exposing themselves to danger while a third officer ran out and pulled the woman to safety. The exposed officers withdrew to cover and the stand-off continued for several more hours. Had MacWilliams wanted to kill the man he had he opportunity then. He held fire and risked his own safety.

The negotiators tried and failed to end the situation and the incident commander decided to try a non-lethal assault using ARWEN guns with plastic bullets to try and disarm the man.

MacWilliams was designated lethal in that attempt. He was in the sniper seat to provide cover for the ALPHA team when they broke cover to take the shots. They did and the suspect turned toward them with gun raised and MacWilliams did his job. He took the shot, protected his colleagues and took down the armed man.

As MacWilliams said to me after the event, “All my guys got to go home that night, we did our job.” And he is exactly right.

Had the IIO bothered to do their job were they actually competent, they would have interviewed the hostage who had information relevant to the hostage-taker. She would have told them, as she later told me, that the man had said to her when he had a gun to her head that the only way he was leaving the scene was in a body bag. In her mind that meant he was going to commit suicide at his own hand or force the police to shoot him.

You’d almost think that was important info that would corroborate the 22 page statement given by MacWilliams in describing the events of the day. Almost.

Instead they went through an elaborate charade trying to merge three video clips to suggest that MacWilliams fired before he should have and that resulted in him being charged with murder.

Insanity!

MacWilliams went for many months with a murder charge hanging over his head. The stress of the situation affected his life, his family’s life, his colleagues and police officers around the province who worried what might happen if they double-clutched if they were in a similar situation.

I wrote much on the situation exposing the charge for the sham it was. Fortunately, the murder charge was eventually stayed in a rare moment of clarity from the Criminal Justice Branch and MacWilliams was allowed to return to his job serving the citizens of Delta, BC.

Apart from the ridicule I heaped upon the IIO in this, they never suffered any consequences. They still exist and their incompetence is exacerbated with nearly every investigation they do. The police have no confidence in them and nor should the general public.

And even though the Solicitor General, in a rare moment of clarity and common sense, pushed the first Chief Civilian Director Richard Rosenthal out the door early, the stupidity remains.

They recently brought in some experienced, retired police officers to help out with their procedures and training. That was good. But in at least one of those cases they are only having the instructor train new hires in proper major crime investigation techniques. Why not existing investigators so that everyone has the same level of training and information? That’s just plain stupid.

They have hired a new Chief Civilian Director who performed a similar role in Nova Scotia, albeit that model uses seconded, seasoned police investigators instead of the BC model which uses, well, inexperienced civilians with little or no expertise. Indeed, the new CCD, the rather unfortunately named Ronald McDonald, faces a huge challenge to bring credibility to this organization which has become the subject of derision in the policing community.

First indications are not good.

But, in a delicious twist of irony, earlier this week, Delta Police Constable Jordan MacWilliams was summoned to Victoria and, at Government House, was presented with the Award of Valour for his actions on that day at the Starlight Casino.

Well done Constable. The IIO and the CJB should be ashamed for putting him and his family through the stress of a murder charge hanging over his head for all that time just for doing his job.  And the heads of those responsible should roll.

But I won’t hold my breath.

-30-

Leo Knight

@prmetimecrime

Written by Leo Knight

November 23, 2017 at 5:52 pm

More questions in case of cop charged with murder

with 17 comments

The more the extraordinary 2nd degree murder charge laid against Delta Police Constable Jordan MacWilliams in the 2012 death of 48-yr.-old Mehrdad Bayrami is looked into, the more it appears to be the railroading of a good, young police officer.

Murder is an extraordinary charge to be laid against a police officer engaged in executing his or her duty. It is even more extraordinary when laid against an officer working as an ERT (Emergency Response Team) officer.

There are so many aspects of this story that haven’t been told and I’m sorry to say so many apparent gaps in the investigation conducted by the Independent Investigations Office (IIO) that one must question whether ulterior motives or politics played a part in laying a charge of murder in this case.

MacWilliams was a member of the Municipal Integrated Emergency Response Team (MIERT) on November 8th, 2012 when, at the start of his shift, his phone went off alerting him to a call-out after shots were fired and a woman was taken hostage.

MacWilliams was the first MIERT officer to arrive on scene at the Starlight Casino in New Westminster. Within the first half-hour, the ERT members arriving set up their containment process which limited the armed suspect to a small patch of pavement on the sidewalk just outside the casino parking lot.

MacWilliams then noticed the hostage had created some separation between herself and the armed suspect. Throwing caution to the wind, MacWilliams and two other officers broke cover and ran towards danger. They deliberately put themselves in harm’s way. MacWilliams and New Westminster Const. Cliff Kusch positioned themselves between the armed suspect and the hostage while fellow Delta PD Const. Mo Parry grabbed the terrified hostage and shepherded her to safety.

MacWilliams and Kusch retreated back to cover, despite the fact either could have taken the shot to take out the suspect during the rescue. They didn’t, while risking their lives, they retreated to try and achieve a peaceful conclusion.

Hours later, the decision was made to try a non-lethal approach to arrest Bayrami using a ‘flash bang’ and ARWEN guns, which fire large plastic projectiles. MacWilliams was designated ‘lethal’ and positioned using an armoured police vehicle for cover. His job was to take the shot if the non-lethal approach went bad and the exposed officers were in jeopardy. This is a typical tactical deployment.

The flash bang went off and Bayrami jumped back, pistol waving in hand, the ARWEN rounds missed the intended target and MacWilliams fired one shot hitting Bayrami, who died nearly two weeks later in hospital.

Last Monday, the woman whose life was undoubtedly saved by MacWilliams and his colleagues showed up at the front counter of Delta Police headquarters incensed after hearing of the murder charge laid against one of the police officers who rescued her. She demanded to speak to an investigator to give a statement. Apparently, in the two years the IIO had the file, she had not been contacted by any investigator.

Think about that. The central figure at the heart of what happened on that day was not contacted by the IIO to tell her story. It’s stunning.

But it doesn’t end there.

According to casino security, to date, the IIO has not asked for, nor received any of the video from the Starlight Casino where the bulk of the events took place.

The suspect laid in wait on that morning in the parking lot of the casino. He attacked a woman as she drove into the parking lot firing three shots into the vehicle, mercifully missing her. He then dragged her from the vehicle at gunpoint and nearly a half a kilometre across the parking lot to the road where police, responding to 9-1-1 calls from casino security, responded. It was at that point the standoff began and the call went out to MIERT. And it was all watched live and recorded by casino security.

One might think that the video of all this activity might be germane to any investigation. But not to the IIO apparently. New Westminster police, who conducted a parallel investigation thought it was and obtained a copy. The Coroner’s service also thought it important and they too have a copy. But not the IIO who is the agency who have sought the charge of murder against MacWilliams.

There is undoubtedly much more to come on this very puzzling case.

Leo Knight

primetimecrime@gmail.com

Written by Leo Knight

November 19, 2014 at 6:06 pm

Posted in Crime & Punishment

Tagged with , , , ,