A Victoria police officer who was found to have made a serious error in judgment when he fired an anti-riot weapon into a smoke-filled room in 2019, hitting a woman in the head and killing her, has been handed a seven-day suspension without pay.
Adjudicator Wally Oppal, who was appointed by B.C.'s police watchdog, announced the punishment Thursday, calling Sgt. Ron Kirkwood a good police officer who had a bad moment during a "challenging call, which led to "catastrophic circumstances."
Oppal ruled last month that the officer's use of the anti-riot weapon that killed 43-year-old Lisa Rauch was "reckless and unnecessary."
He said the officer had an exemplary record, and had made a serious but not malicious error in judgment.
He said he was satisfied that the misconduct "in the context of other relevant factors does not justify dismissal, demotion or a lengthy suspension."
Oppal, who is a former B.C. Supreme Court judge, was appointed by the Office of the Police Complaint Commissioner to review the evidence against the officer and determined earlier that Kirkwood committed misconduct when he used the weapon on Rauch, who was in a drug-induced psychosis.
Oppal's ruling last month said police were called on Christmas Day 2019 to a Victoria apartment where Rauch had been using drugs and alcohol.
It says when police entered the apartment, their view was obscured by smoke from a fire and they believed Rauch was standing, but she was sitting and was hit in the head by two plastic projectiles.
Oppal said Thursday that Kirkwood's remorse was genuine and he was very unlikely to repeat his misconduct.
“However, I have to consider the whole of the circumstances, and here the incident was serious. It was a momentary one, and it was an error made in judgment. I have to consider that.”
Oppal said the officer is on medical leave and has missed “significant time” from work to address his post-traumatic stress stemming from the death.
Picture Courtesy: THE CANADIAN PRESS/Chad Hipolito
