An Alberta Serious Incident Response Team (ASIR) investigation into the March 2015 shooting of a 27-year-old man in a northeast hotel room has determined the shooter, an on-duty member of the Calgary Police Service, will not face criminal charges.
On the afternoon of March 16, 2015, officers were called to the Super 8 hotel in the 3000 block of Barlow Trail Northeast after hotel guest Anthony Heffernan failed to check out after a scheduled one night stay. Staff members attempted to enter the room and discovered the doors had been locked from inside.
With the security locks inhibiting access, the CPS members had a narrow view into the room through the partially opened door. According to the officers, a flushed, non-responsive Heffernan could be seen and an EMS crew was deployed to the hotel.
During a previous medical emergency encounter with Heffernan at an undisclosed location, on an unreleased date, officers ‘required a use of force’.
Police forced entry to the hotel room and encountered Heffernan standing with his arms raised. In Heffernan’s hands were a small insulin syringe and a lighter.
According to the ASIRT investigation, the officers commanded Heffernan to drop the syringe but he did not respond. After their unsuccessful efforts, an officer fired a Conducted Energy Weapon at Heffernan, striking him in the abdomen. Heffernan fell to the bed, dislodged the wires and reportedly returned to his feet.
Another officer fired his Conducted Energy Weapon at Heffernan as a third unnamed CPS member fired his service issued 40 caliber Glock pistol six times, striking the suspect four times. Of the four shots, two bullets travelled through Heffernan’s head while the others struck the hotel guest in the neck and torso.
Anthony Heffernan was pronounced dead in the hotel room. An autopsy confirmed Heffernan’s death was the result of multiple gunshot wounds and a toxicology report found a significant amount of cocaine in his system.
ASIRT investigators consulted the Alberta Crown Prosecution Service (ACPS) for opinion on whether the actions of the CPS member could be justified considering the situation.
In their case assessment, ACPS representatives determined:
The Crown would be unable to prove the subject officer did not have reasonable grounds for believing that the force used was necessary
In this case, the evidence is that the subject officer made a quick decision in a volatile and rapidly unfolding situation to use his service firearm in order to defend against Heffernan.
“The fundamental question in this case was whether the police officer was justified in law in using deadly force,” said Eric Rolppanend, ACPS assistant deputy minister. “It was the available evidence, and nothing but the available evidence, that was considered by the Crown.”
Taking into consideration the opinion of the ACPS, ASIRT determined ‘the case does not meet the standard for prosecution’.
