06/09/06, Rod Mickleburgh, Mountie won't be charged in B.C. slaying
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Ian Bush was shot in jailhouse fracas - Rod Mickleburgh with reports from Shannon Kari and Petti Fong.
VANCOUVER -- Nearly one year after a young Houston, B.C., sawmill worker was shot dead in the back of the head by a rookie RCMP constable during a jailhouse altercation, Crown prosecutors have decided no criminal charges will be laid in the controversial case.
An unusually lengthy statement by the province's Criminal Justice Branch yesterday said that the evidence supports the police officer's assertion that he acted in self-defence.
The death of 22-year-old Ian Bush last October, after his arrest over a minor incident involving an opened beer can at the local hockey rink, caused a furor in the tightly knit community, 300 kilometres west of Prince George.
Many, particularly Mr. Bush's family, questioned the manner in which police investigated his death, the scant information provided to the family and the length of time taken by RCMP investigators.
They also wondered how an event as insignificant as having an open beer and then giving a wrong name to police could have escalated into a confrontation ending 20 minutes later with Mr. Bush fatally shot.
But B.C. Attorney-General Wally Oppal, who personally reviewed the file on Mr. Bush's death, said he is "in thorough agreement" with the decision not to lay charges. Shedding more light on the case than has been previously known, Mr. Oppal said that photographs taken after the altercation showed a number of bruises on the officer's face. "I am satisfied there was no intention to kill him [Mr. Bush]. It was self-defence," the Attorney-General said. "There is considerable evidence, independent of what [the officer] said, that a struggle took place and he was choked."
Asked how Mr. Bush could have been shot in the back of the head if it was a matter of self-defence, Mr. Oppal said, "It's a struggle, and if you figure out the logistics of what happened, the officer's evidence makes sense."
Mr. Bush, universally described as a happy-go-lucky young man who loved fishing, was shot by RCMP Constable Paul Koester shortly after he was taken away to the detachment in handcuffs.
Members of the Bush family were bitter, though not surprised, by the decision not to lay charges against the officer, who has been on paid administrative leave since the shooting.
"It's absolutely what we expected, but it's still hard," said Ian's mother, Linda Bush. "Right from the first, the tone by police was that it was self-defence. I never believed he would be charged."
In May, Mrs. Bush launched a lawsuit against Constable Koester, Mr. Oppal and Solicitor-General John Les, claiming aggravated and punitive damages for her son's death.
The suit alleged that Mr. Bush died from "the unlawful assault and negligence" of Constable Koester, the only living witness to what happened. Andrea Patrick, the victim's sister, said she still has trouble accepting her brother's death. "It's unfathomable, for God's sake. I can't even think about how it could have gone from that small tiny thing of the beer can to what happened," she said. "Ian was just not the sort of person who would have turned on that cop for no reason.
"Yes, we expected there would be no charges, but you still kind of hope. So we're all feeling a bit crappy today."
Ms. Patrick said the family remains in the dark over Ian's death, since police have released no details of their investigation.
Acting regional coroner Shane DeMeyrer said that he hoped to conduct an inquest into the fatality before the end of the year. At the inquest, evidence will be presented in public for the first time and all witnesses, including Constable Koester, will be subject to cross-examination.
Lawyer Cameron Ward, who has represented other families in similar circumstances, said he is unaware of any police officer in British Columbia charged over an event such as the Bush case. "In this province, we allow police to investigate themselves and pass on those results to Crown counsel," Mr. Ward said.
Now that the Crown has made its decision, RCMP spokesman Staff-Sergeant John Ward said Constable Koester will soon return to active duty. Since the incident, the officer has been stationed in Kamloops, where his parents live. Staff-Sgt. Ward declined to say where Constable Koester will be posted, but it will not be Kamloops.
He defended the length of time it took for police to investigate the shooting. "Unfortunately, this type of investigation takes a long time. You can't rush it through, because you can't afford to make a mistake on something like this," Staff-Sgt. Ward said.
He declined comment on the Crown's decision.
"There are no winners here. A young man lost his life, and a young police officer will have to live with this for the rest of his life," Staff-Sgt. Ward said.
Mrs. Bush said the family is doing its best to move on, but the pain remains. "Yes, you have to live your life, but the first time I saw his friends go fishing, and Ian wasn't with them. . . ." Her voice trailed away.
VANCOUVER -- Nearly one year after a young Houston, B.C., sawmill worker was shot dead in the back of the head by a rookie RCMP constable during a jailhouse altercation, Crown prosecutors have decided no criminal charges will be laid in the controversial case.
An unusually lengthy statement by the province's Criminal Justice Branch yesterday said that the evidence supports the police officer's assertion that he acted in self-defence.
The death of 22-year-old Ian Bush last October, after his arrest over a minor incident involving an opened beer can at the local hockey rink, caused a furor in the tightly knit community, 300 kilometres west of Prince George.
Many, particularly Mr. Bush's family, questioned the manner in which police investigated his death, the scant information provided to the family and the length of time taken by RCMP investigators.
They also wondered how an event as insignificant as having an open beer and then giving a wrong name to police could have escalated into a confrontation ending 20 minutes later with Mr. Bush fatally shot.
But B.C. Attorney-General Wally Oppal, who personally reviewed the file on Mr. Bush's death, said he is "in thorough agreement" with the decision not to lay charges. Shedding more light on the case than has been previously known, Mr. Oppal said that photographs taken after the altercation showed a number of bruises on the officer's face. "I am satisfied there was no intention to kill him [Mr. Bush]. It was self-defence," the Attorney-General said. "There is considerable evidence, independent of what [the officer] said, that a struggle took place and he was choked."
Asked how Mr. Bush could have been shot in the back of the head if it was a matter of self-defence, Mr. Oppal said, "It's a struggle, and if you figure out the logistics of what happened, the officer's evidence makes sense."
Mr. Bush, universally described as a happy-go-lucky young man who loved fishing, was shot by RCMP Constable Paul Koester shortly after he was taken away to the detachment in handcuffs.
Members of the Bush family were bitter, though not surprised, by the decision not to lay charges against the officer, who has been on paid administrative leave since the shooting.
"It's absolutely what we expected, but it's still hard," said Ian's mother, Linda Bush. "Right from the first, the tone by police was that it was self-defence. I never believed he would be charged."
In May, Mrs. Bush launched a lawsuit against Constable Koester, Mr. Oppal and Solicitor-General John Les, claiming aggravated and punitive damages for her son's death.
The suit alleged that Mr. Bush died from "the unlawful assault and negligence" of Constable Koester, the only living witness to what happened. Andrea Patrick, the victim's sister, said she still has trouble accepting her brother's death. "It's unfathomable, for God's sake. I can't even think about how it could have gone from that small tiny thing of the beer can to what happened," she said. "Ian was just not the sort of person who would have turned on that cop for no reason.
"Yes, we expected there would be no charges, but you still kind of hope. So we're all feeling a bit crappy today."
Ms. Patrick said the family remains in the dark over Ian's death, since police have released no details of their investigation.
Acting regional coroner Shane DeMeyrer said that he hoped to conduct an inquest into the fatality before the end of the year. At the inquest, evidence will be presented in public for the first time and all witnesses, including Constable Koester, will be subject to cross-examination.
Lawyer Cameron Ward, who has represented other families in similar circumstances, said he is unaware of any police officer in British Columbia charged over an event such as the Bush case. "In this province, we allow police to investigate themselves and pass on those results to Crown counsel," Mr. Ward said.
Now that the Crown has made its decision, RCMP spokesman Staff-Sergeant John Ward said Constable Koester will soon return to active duty. Since the incident, the officer has been stationed in Kamloops, where his parents live. Staff-Sgt. Ward declined to say where Constable Koester will be posted, but it will not be Kamloops.
He defended the length of time it took for police to investigate the shooting. "Unfortunately, this type of investigation takes a long time. You can't rush it through, because you can't afford to make a mistake on something like this," Staff-Sgt. Ward said.
He declined comment on the Crown's decision.
"There are no winners here. A young man lost his life, and a young police officer will have to live with this for the rest of his life," Staff-Sgt. Ward said.
Mrs. Bush said the family is doing its best to move on, but the pain remains. "Yes, you have to live your life, but the first time I saw his friends go fishing, and Ian wasn't with them. . . ." Her voice trailed away.
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