Calgary officer who fatally shot Anthony Heffernan won't be charged

The family ofa syringe-wieldingCalgaryman shot dead by police in 2015believed strongly the officer involved could face a rare murder charge, but wasdevastatedto learn Monday the Crown had decided there is not enough evidence to pursue the matter any further.

"We are extremely disappointed," said GrantHeffernan, brother of Anthony Heffernan, moments after the province's police watchdog announced the results of its investigation.

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AnthonyHeffernan, who was27 and a recovering drug addict, was shot four times including three shots to the head and neck after police responded to the Super 8 motelonBarlowTrail on March 16, 2015, after receiving reports that a man was behaving strangely.

Police described him as agitatedand in "medical distress,"and said they were confronted with a "high-risk situation" onceinside.

According to an account of events fromthe Alberta Serious Incident Response Team (ASIRT), which investigates police actions in the province, officerscould seeHeffernanthrough the partially opened door and described him as "flushed, non-responsiveand hyperventilating."

Incident lasted 72 seconds

ASIRT said officers decided to break into the roomin partbecause they believedHeffernan might be in a drug-induced state and aprevious,similar encounter with Heffernanhad required use of force.

Once inside, officers noted Heffernan was standing near the beds with a lighter and a syringe and did not obey commands to drop them, according to ASIRT.Family noted the "small diabetic needle" had no tip on it.

Officers Tasered Heffernan, but it seemed to have no effect and he began pulling at the wires.

Heffernan then either moved toward or lunged at officers, according to ASIRT, when the officer at the centre of investigation fired his weapon.

The whole incident lasted 72 seconds.

But Heffernan's familybelieves hewasn't posing a threat to anyone and officersdidn't need to go into his room.

Autopsy shows cocaine use

Tests showed significant levels of cocaine in his system, according to autopsy results.

On Aug. 12, the Alberta Crown Prosecution Service provided its final opinion toASIRTthat"there was no reasonable likelihood of conviction and the recommendation was that no charges be laid against the subject officer."

Heffernan's mother, Irene, said she had hoped "clear and just thinking would prevail, but it didn't."

Pat Heffernan says his son's needless death shows people are at risk when they come into contact with police.

"It's a sad day for all Albertans and Canadians alike," hesaid Monday.

"There is no justice in this case. Anthony is dead, and anyone else who comes into contact with police is at tremendous risk ... because they [officers] are going to be supporting each other in whatever needs to be said."

Difficult case, says ASIRT

ASIRT executive directorSusan Hughson described the caseas "one of the most difficult" she has seen in her two years at the helm of the province's police watchdog organization.

While ASIRT found some evidence to suggestan offence had been committed, Hughson a former Crown prosecutor, herselfsaid she found no error of law in theCrown's opinion that there wasno reasonable likelihood of conviction.

"We couldn't disprove that the use of force was reasonable," said Eric Tolppanen, assistant deputy minister of the Alberta Crown Prosecution Service.

Hughsonsaid the matter will still be the subject of a provincial fatality inquiry, which she expects will lead to recommendations in the way police officers handle similar situations in the future.

Chief 'hugely concerned' but still backs officer

Calgary police Chief Roger Chaffin said he is "hugely concerned" by the incident, butstands by the officer who pulled the trigger.

That officer, who CBC News learned was also involved in a fatal shootingin February 2016, is now on administrative duties, the chief said.

Police chief reacts to ASIRT investigation

8 years ago

Duration 14:04

Calgary police Chief Roger Chaffin said he is "hugely concerned" by the incident, but stands by the officer who pulled the trigger.

"He was properly assigned originally and he remains properly assigned now as we work through his own, particular issues," Chaffin said.

The chief also said theincident will lead to changes in the way the Calgary Police Service trains its officers andhe will continue to work with the Heffernan family.

"The family lost a son. I completely empathizewith their grief and the level of concern they have for this," he said.

"It's my responsibility to make sure we move forward and we do better."

Crown weighs in

In a lengthy writtenstatementdetailing its decision,the Crown said the officer who shot Heffernan"made a quick decision in a volatile and rapidly unfolding situation."

"The evidence would be that he did so as a defensive action against an individual who was armed with a syringe, and who had been either unwilling or unable to comply with police directions," the statement reads.

"In all of these circumstances, it could not be disproven that the subject officer acted upon a reasonable belief that he and the other officers were at risk of serious or grievous bodily harm, and that his use of force was necessary."