ASIRT has completed its investigation into a 2018 incident in which a man died in Lethbridge following an altercation with a police officer. (Photo: Lethbridge News Now)

By David Opinko/LethbridgeNewsNOW

Force by Lethbridge police officer did not cause man’s death in 2018: report

Jan 14, 2023 | 8:05 AM

LETHBRIDGE, AB – An independent agency has determined that the force used by a Lethbridge Police Service (LPS) officer was “necessary and reasonable” in an altercation that led to a man’s death.

Alberta Serious Incident Response Team (ASIRT) Executive Director Michael Ewenson has released his final report into an incident that took place in the city on Oct. 3, 2018.

At approximately 5:15 p.m., LPS received a call about two men who were fighting in the alley. The caller told police that one of the men was on top of the other and that the man below yelled for the caller to phone 911.

Two officers attended the scene and noted that both men appeared to be under the influence of alcohol.

Ewenson says one of the men (Man 1) had a no-contact order with the other (Man 2) and was arrested. Man 2 became upset that Man 1 was being arrested and approached the police officers in an aggressive fashion.

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According to the report, Man 2 swung a bag with a large vodka bottle in it at one of the officers, which landed at the officer’s feet.

When Man 2 got too close to the officer, the officer placed a hand on Man 2’s chest and pushed him away.

Man 2 lost his balance and fell backwards onto the ground, hitting his head on the pavement.

Ewenson states in his report that Man 2 became unconscious and had shallow breathing.

“At the hospital, [Man 2] was worked on for some time, and while medical staff called his death at one point, his heart all of a sudden started beating again,” reads the ASIRT report from Ewenson. “Medical staff were able to get [Man 2’s] heart to beat in a normal rhythm, though they were concerned that he may still pass away. While [Man 2] did improve for a period of time, he sadly passed away on October 8, 2018.”

An autopsy was conducted on October 9, 2018.

The primary cause of death was determined to be an anoxic brain injury (lack of oxygen) due to acute alcohol intoxication. Man 2 had a blood alcohol level of 4.18 grams per litre.

While Man 2 had rib and sternum fractures that were consistent with CPR efforts, the autopsy report states that there is no evidence of a traumatic injury to cause or contribute to death.

The report states that there is no evidence that injuries sustained in the fall resulted in Man 2’s death, but notes that it is possible that the head strike on the ground might have caused him to stop breathing.

Given the circumstances between Man 2 and the police officer, Ewenson states that “the single push was reasonably necessary to protect [the police officer] from [Man 2] who had already swung a bottle at him and was still advancing towards him.”

Ewenson concludes that the police officer did not step out of line in this altercation.

“After a thorough, independent and objective investigation into the conduct of the subject officer, it is my opinion that he was lawfully placed and acting properly in the execution of his duties,” says Ewenson. “There is no evidence to support any inference that police engaged in any unlawful or unreasonable conduct that would give rise to an offence. The force used was necessary and reasonable in all the circumstances, notwithstanding the tragic outcome.”

The full ASIRT report can be read on the Alberta Government’s website.

READ MORE: Lethbridge News Now