By Tany Foubert
STONEY NAKODA – An RCMP Emergency Response Team officer has been cleared on of any criminal wrongdoing in the shooting death of a Stoney Nakoda man in January 2017.
The Alberta Serious Incident Response Team (ASIRT) investigated the circumstances around the death of 27-year-old Ralph Stephens and executive director Susan Hughson said Thursday (June 6) there were no reasonable grounds, nor reasonable suspicion, to believe the officer committed a criminal offence.
According to a press release, ASIRT, which independently investigates incidents involving Alberta police that result in serious injury or death, interviewed police and civilian witnesses to the shooting, as well as photographs, radio communications and all available video.
The investigation concluded the officer was authorized to use lethal force, because there were reasonable grounds for him to believe he was in imminent risk of bodily harm or death.
“The officer was lawfully placed and acting in the lawful execution of his duty. In the circumstances, the force used was both reasonable and authorized under the Criminal Code,” stated the press release. “There being no grounds to believe that an offence was committed by a police officer, no charges will be laid.”
On Jan. 7 2017, RCMP were in the process of executing arrest warrants for three individuals, including Stephens, who were wanted in connection to the murder of Lorenzo “Billy” Bearspaw several days prior. The other two suspects, who were subsequently charged with first-degree murder, were John Stephens, 29, and Deangelo Powderface, 22, both Stoney Nakoda residents.
Police deemed the execution of the warrants to be high risk, as they had information the 27-year-old Stephens was in possession of a firearm, while also under a court-ordered prohibition from being in possession of a weapon.
According to the investigation, RCMP sent teams to execute the warrants on two neighbouring homes, including that of the Stephens family. The victim’s father met the officers at the doorway, and his brother – John Stephens – was located on the first floor and arrested without incident.
“A number of officers went down to clear the basement, announcing that they were police and that they had a warrant,” stated the ASIRT report into the incident. “As they moved along an interior wall towards a doorway in the basement, a man, later confirmed to have been the 27-year-old [Stephens], yelled at the officers to get out and leave him alone.
“A single shot was then fired from the opposite side of the wall, penetrating through drywall and narrowly missing the officers. The officers called out ‘shots fired,’ returned to the main floor and, after throwing a tear gas canister into the basement, evacuated the residence.”
An officer took up a position on the west side of the residence in the treeline, approximately 12 metres away from the house. Another gunshot was heard, according to investigators, and a woman climbed out of one of the basement windows.
“As the officer yelled commands for her to walk towards him, the 27-year-old man emerged from the same basement window with a shotgun in his hands, carried at waist level and pointing in the direction of the officer and the young woman,” stated the report. “The officer fired a single shot from his rifle, striking the 27-year-old man in the torso, causing him to collapse to the ground.”
The man was taken in a police vehicle to a nearby ambulance and transported to hospital in Calgary, but he had suffered significant injuries and died. The gunshot wound to his abdomen caused injury to his internal organs and spinal cord. The 12-guage tactical shotgun he was carrying was recovered loaded with three unfired shells and the pump action in the firing position, according to investigators.
The third suspect later turned himself into police without incident.
“These events are tragic for the families, first responders and the Morley Community,” said Chief Superintendent Tony Hamori, officer in charge of Southern Alberta District RCMP, immediately after the incident. “On behalf of the RCMP, I want to extend sincere condolences to the families of Lorenzo Bearspaw and Ralph Stephens. I also urge calm in the community while the investigations take place.”
-with files from Jordan Small
