Police taught to keep shooting until threat gone, RNC trainer tells Don Dunphy inquiry

A use-of-force trainer with the Royal Newfoundland Constabulary says officers who have to use their gunsare trained to keep firing until a threat is over.

Twice to the body, once to the head is how Sgt. Bill James described it Wednesday to the judicial inquiry into the fatal police shooting of Don Dunphy.

Dunphy was fatally shot in his Mitchells Brook home on April 5, 2015 by RNC Const. Joe Smyth who went to the St. Mary's Bay town to speak with Dunphy about tweets that criticized the premier and some MHAs.

Smyth says he fired at Dunphy four times in self defence after Dunphy pointed a 22-calibre rifle at him.

• 'I still feel that gun pointed at me': RNC officer re-enacts shooting of Don Dunphy

James trained Smyth in use of force and said he never saw Smyth use excessive force or behave angrily.

Questions Wednesday morning focused on the number of times an officer is trained to shoot to stop a threat.

James said they are trained to shot twice to the body, reassess, then shot at the head. He called this "the fail-safe" shot.

He also said there are situations where an officer may not have time to reassess and must continue shooting until a threat is stopped.

JusticeLeo Barry is leading the inquiry. He is expecting to receive a report comparing U.S. and Canadian use-of-force models. He said the Canadian model puts more emphasis on de-escalating rather than using deadly force.

The RCMP investigated the shooting and concluded that Smyth used appropriate force.

Breenconsidering legal options, partner says

Meanwhile, a prominent St. John's defence lawyer is getting legal advice in the wake of provocative comments a senior RCMP officer made about her on Tuesday.

Staff Sgt. Kent Osmondon Tuesday accused Erin Breen, who is representing Dunphy's daughter Meghan, of "scandalous" actions just days after Don Dunphy was killed.

In a letter to theRCMP on April 14, 2015, Breenasked for an outside force to investigate the Dunphy shooting and accused the RCMP investigators of "tunnel vision."

Osmond startled Breen on Tuesday with a spirited reaction to that letter.

"To get a letter from a legal counsel accusing me of tunnel vision and sendthat to people who can affect my career," Osmond testified.

"Toquestion my integrity and the integrity of people under my command and then to suggestthat the tunnel vision permeates my unit is so egregious that it questions all the investigations that we have done I think it's scandalous," he said.

On Wednesday, Breen's legal partner Bob Simmonds told the inquiry that Breen is seeking getting legal advice about Osmond's comments.

Simmonds says Breen believes Osmond was suggesting her conduct was "unbecoming" of a lawyer, which he said is "avery serious allegation."

One of her options is to sue for defamation.

Second witness

HeatherMacLeanwas the director of communications for the office of then-premier Paul Davis. She is expected to testify after 3 p.m.

Follow along with the inquiry in our live blog.