Retired judge Wally Oppal, the adjudicator of a public hearing looking into the 2019 Christmas Day death of 43-year-old Lisa Rauch, found that the officer who shot and killed her using less-lethal ARWEN rounds was not justified in his use of force.
The spring 2024 hearing, requested by Rauch's family, and done under an adjudicator appointed by B.C.'s police watchdog, looked at the evidence and circumstances that led to Victoria Police Department officer Ron Kirkwood fatally shooting Rauch in the back of the head with what is supposed to be non-lethal ammunition.
According to the hearing, Rauch and her friend had consumed alcohol and meth in a supportive housing apartment on Christmas Day. Rauch then became agitated and fell into a drug-induced psychosis, eventually threatening her friend and wielding a knife before police arrived.
While members of the Greater Victoria Emergency Response Team (GVERT) – a heavily armed police response team Kirkwood was part of – waited in the hallway, barricading the unit door to prevent her from running out unexpectedly, they saw smoke coming from the unit, prompting them to act urgently instead of waiting for crisis negotiators.
Const. Cam Stephen, a member of GVERT who was at the scene, testified that upon opening the door, he could only see one or two feet into the suite due to the thick black smoke coming from a couch that had been set on fire.
Additionally, witnesses described the unit's layout: a loft overlooked the area where the couch was, a short hallway at the entrance led to a bathroom and a staircase.
Insp. Drew Robertson, GVERT team leader at the time, testified that he and other officers feared that Rauch was in the loft, presenting a risk that she could drop something on police or come down the stairs near the entrance with a weapon.
"Because he believed that Ms. Rauch might come down the stairs, which would put her only a few feet from the officers, Insp. Robertson told Sgt. Kirkwood words to the effect of 'I want you to target her with the ARWEN as soon as you see her,'" according to Oppal.
Two firefighters who had been at the scene testified that they sprayed water into the unit, but were informed by an officer that flames remained. One firefighter said they peered around a corner and saw a “small fire,” which was extinguished immediately before they backed out of the unit. However, several officers – including Kirkwood – testified that flames were still visible in the suite after the firefighters had left.
While inside the unit, Kirkwood testified that he saw what he believed to be Rauch’s abdomen. He did not see her head, which he assumed was obscured by smoke, and believed her legs were behind the couch.
Kirkwood fired at what he thought was her stomach – which he noted was a "higher risk area" but that he believed the urgent need to incapacitate her justified the risk.
"Sgt. Kirkwood described firing the first round and nothing happened. He expected to see body movement but did not. He fired a second round, and again, nothing happened. He then decided to elevate his tactical aim point to what he believed to be her chest area and fired again, at which point he heard Insp. Robertson shout 'watch her head,'" noted Oppal, summarizing Kirkwood's testimony.
Rauch had actually been seated on the couch with her back to the officers, not standing facing them. At least one ARWEN round struck her in the back of the head, "causing significant trauma," and eventually killing her.
Though Oppal recognized that the situation was unusual and presented unique challenges, and accepted that Kirkwood did not intend to target Rauch's head, he substantiated the allegation of abuse of authority against Kirkwood, saying his decision to fire the rounds was not justified given the obscured visibility and the weapon's lethal capability.
"Kirkwood is a highly trained member of GVERT and was wielding a weapon capable of causing death. The circumstances were not such, when he identified what he believed to be Ms. Rauch 15 feet away, that he was deprived of a meaningful opportunity to reflect and reassess," he said.
Kirkwood also had allegations of neglect of duty against him because he did not take notes after the incident, however despite it being contrary to his duty, Oppal found it to be in accordance with what he was told by his superior officers.
“On behalf of my office, I offer my sincere condolences to the Rauch family and friends," noted an emailed statement from Police Complaint Commissioner Prabhu Rajan. "The issues raised in this case were serious and connected to loss of life, and there was meaningful uncertainty as to what happened. The various steps and time taken in this civilian oversight process was required to fully understand what occurred on that fateful day and to ensure the public’s confidence in policing. I am hopeful that lessons can be learned from this tragedy.”
Kirkwood has not been charged with any crime. A police discipline authority found no appearance of misconduct in 2022, and the former Police Complaint Commissioner sent that decision for review by a retired judge, who dismissed both misconduct allegations in July 2023.
The 2024 public hearing was an extension of the investigative process of the Office of the Police Complaint Commissioner, an independent officer of the legislature, to review and investigate complaints against police officers.
Oppal will make a decision on possible discipline, corrective measures, and recommendations for change at a later date.
