RCMP officer 'justified' in Rollo Bay shooting last December according to report

The Nova Scotia Serious Incident Response Team(SIRT) investigationinto an officer-involved shooting in RolloBay, P.E.I. last December has found the use of force was "justified."

SIRT released its report on Thursday detailing the events that led to the non-fatal shooting of the now 34-year-old man.

Former interim director of SIRTJohn Scott authored the report and saidmultiple factors were considered.

The report says the man, who was ultimately shot, had been drinking, had a record of violence, and had threatened the property of someone else.

• Man shot in leg byRCMPofficer sentenced to jail

The report also noted the man was the aggressor and though he was winning the fight and could have tried to run,"escape didn't appear" to be on the man's mind.

The man was also six inches taller and22 years younger than the officer.

"In conclusion, I find the subject officer's actions were justified and no criminal charges arise, as a result of the subject officer's actions on the date in question," said Scott in the report.

Scott also said he hopes P.E.I. RCMP will make stun guns readily available to officers on patrol.

"I feel the subject officer would have used that option prior to pulling out his firearm, to control the threat presented," he said in the report.

RCMP on P.E.I. have not yet responded in detail to the report, however, confirm the force on the Islanddoes have stun guns.

SIRTreport: timeline of events

According to the report, police were called regarding a suspected drunk driver.

On his way, the officer was warned the man they were looking forhad a criminal record, and"to use caution as he was considered violent."

The officer arrived at a residenceand found the man, a woman, two children and a babysitter.

According to the report the man became increasingly agitated and the officer called for back up when he "could see the situation escalating."

The officer was standing inside the back porch of the house, when the man attacked the officer "with punches being thrown to the officer's head and face,"the report said.

The man tried to knee the officer in the face and during the scuffle they fell down a set of stairs leading out the door.

'Fearing death or grievous bodily harm'

During the fall the man had pulled the officer's bullet-proof vest off, according to the report.

The officer had also lost his baton and radio in the altercation and had no stun gun.

The report saidthe officer, "fearing death or grievous bodily harm," drew his service pistol and shot three times at the legs of the man.

The man was hit in the left knee by one of the shots, though the man "did not appear to be aware of his injury and continued to struggle," with the officer, according to the report.

The man was taken to hospital in Charlottetown, then transferred to the Queen Elizabeth II in Halifax, where the bullet was removed and he was able to walk the next day.

In February, CoryRussell Levy, 34, pleaded guiltytoassaulting a peace officer, and in March was sentenced to five months in jailandprobation for two years after his release. He was given credit of 78 daysfor time already served.

He was alsosentencedfor impaired driving,several breaches of his undertaking and violating an emergency protection order.

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